The following e-filed documents, listed by NYSCEF document number (Motion 001) 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55 were read on this motion to/for JUDGMENT— SUMMARY. DECISION + ORDER ON MOTION Defendant Nelson Christopher Ala (“Defendant”) moves for summary judgment pursuant to CPLR 3212 dismissing plaintiff James Connelly’s (“Plaintiff”) sole cause of action for breach of contract and for summary judgment on his counterclaim for unjust enrichment. Plaintiff opposes the motion. This action centers around a purported oral contract between the parties, who were roommates in a Hell’s Kitchen apartment from 2012 through 2016 (NYSCEF Doc. No. 35, Statement of Material Facts; NYSCEF Doc. No. 53, Response to Statement of Material Facts). In March 2013, Defendant’s foot was run over by a New York City Sanitation Department truck, and he subsequently sued for damages. Plaintiff contends that he and Defendant agreed that Defendant would give him ten percent of any award he received from that lawsuit in exchange for Plaintiff helping him while he recovered from his injuries. Following the accident, Defendant spent three months in the hospital and thereafter required the use of a wheelchair (id.). In 2015, his lower right leg was amputated (id.). It is undisputed that during this period Plaintiff assisted Defendant by, inter alia, helping him navigate their building’s stairs with his wheelchair, buying food, and paying Defendant’s portion of the rent when Defendant did not have funds available (id.). Plaintiff further testified that, while Defendant’s at-home medical care mostly came from nurses, he would occasionally provide medical services, including changing bandages when a nurse was late or absent (Response to Statement of Material Facts at 4; NYSCEF Doc. No. 33, Plaintiff EBT at 29). Defendant’s lawsuit settled for approximately $4,000,000 in August 2016 (Statement of Material Facts; Response to Statement of Material Facts). On September 13, 2016, Defendant wrote Plaintiff a check for $150,000 (NYSCEF Doc. No. 37). Plaintiff wrote “Gift” on the Memo line (id.; Plaintiff EBT at 69). Plaintiff then wrote a letter to Defendant that read, in relevant part: “Thank you for your generous gift. My accountant tells me such a large gift may draw the attention of the IRS to both of us. In order to avoid any misunderstanding, could you please sign the enclosed letter and return it to me?” (NYSCEF Doc. No. 38). The enclosed letter, which the parties agree Defendant neither signed nor returned, stated: “I, Nelson C. Ala, have given James J. Connelly a gift of ______ Mr. Connelly has offered me moral, physical, and on occasion financial support during a time of great need. This gift is a token of my gratitude” (NYSCEF Doc. No. 39). Defendant moved out of the apartment around October 2016 (Statement of Material Facts; Response to Statement of Material Facts). At around that time, Plaintiff underwent heart surgery and was hospitalized for two months (id.). Defendant paid Plaintiff’s rent for November and December in two checks for $2,300 each made out to Plaintiff’s landlord (id.; NYSCEF Doc. Nos. 40-41). Plaintiff commenced this action on December 6, 2017, by filing a Verified Complaint asserting one cause of action for breach of contract. He alleges that he and Defendant entered a verbal contract in the late summer or early fall of 2013, although he was unable to recall the precise date at his deposition (NYSCEF Doc. No. 1, Complaint
