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GERSH v. FORTNOW

0602167/2007. Motion Seq. No. 002.

2008 NY Slip Op 32005 (U)

MICHAEL GERSH, DAVID HERSH, KHALED MATAR, PETER PEZARIS AND JAMES PRICE, Plaintiffs, v. MATTHEW FORTNOW, Defendant.

Supreme Court of the State of New York, New York County.

June 9, 2008.

MEMORANDUM DECISION

CAROL R. EDMEAD, Judge.

Defendant Matthew Fortnow ("Fortnow") moves pursuant to CPLR 2221 for leave reargue his prior motion to dismiss, and upon reargument, dismissing the unjust enrichment claim pursuant to CPLR 3211(a)(1) and (a)(7), on the ground that no such claim may be maintained as a matter of law because a written agreement exists governing the same subject matter.

Factual Background

Plaintiffs...

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