X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION and ORDER I. INTRODUCTION   On May 7, 2019, pro se plaintiff George P. Persico (“Persico” or “plaintiff”) filed an unjust enrichment claim against defendants Michael F. Cassadei (Cassadei”) and Annmarie Neri (“Neri”). Dkt. No. 1. According to plaintiff’s seven-count complaint, Cassadei and Neri (collectively “defendants”) improperly retained money they collected on plaintiff’s behalf while he traveled out of state. After the parties conducted discovery, Persico, still pro se, moved under Rule 56 of the Federal Rules of Civil Procedure for summary judgment. Dkt. No. 91. According to plaintiff, he had established as a matter of law that defendants had been unjustly enriched at his expense. Id. Shortly afterward, defendants also moved for summary judgment. Dkt. No. 92. In their filing, defendants recounted the parties’ history and asserted that plaintiff has no facts on which to base his claim that defendants actually owed him any money. Id. The parties extensively briefed those cross-motions. See, e.g., Dkt. Nos. 93-111. On May 6, 2020, Justin T. Huffman, Esq. entered a notice of appearance on behalf of Persico, Dkt. No. 112, and wrote to this Court to request an adjournment so that plaintiff could submit additional briefing on the summary judgment issues in a proper counseled filing, Dkt. No. 113. That request was granted. Dkt. No. 114. Thereafter, plaintiff filed a counseled response in opposition to defendants’ motion for summary judgment. Dkt. No. 115. On October 20, 2020, a Memorandum — Decision & Order granted defendants’ motion for summary judgment. Persico v. Cassadei, 2020 WL 6146612 (N.D.N.Y. Oct. 20, 2020). Persico has moved for reconsideration pursuant to Local Rule 7.1(g). The motion has been fully briefed and will be consideration on the basis of the submissions without oral argument. II. BACKGROUND Persico is a disabled veteran. Persico Dep., Dkt. No. 115-2 at 12:15-16. He owned a house at 52 Romeyn Avenue in Amsterdam, New York. Id. at 15:14-15, 17:10-17. However, plaintiff was not always present at the property because he often traveled out of state. Id. at 12:15-13:7. In 2010, Neri introduced plaintiff to Cassadei. Persico Dep. at 60:24-61:7. The two became friends. Defs.’ Statement of Material Facts (“Defs.’ Facts”), Dkt. No. 92-5 3. Cassadei expressed interested in buying the Romeyn Avenue property from plaintiff, but no purchase was ever made because the property was in a state of disrepair. Id.

4-6. For a short period of time, Cassadei offered to help Persico find tenants for the Romeyn Avenue property. Defs.’ Facts 9. However, Cassadei was not compensated for these efforts and never agreed to be responsible for the property in any way. Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›

Our client, a litigation services boutique, is seeking to add a senior litigation associate to support their rapidly growing practice. A Big...


Apply Now ›