Appellate Division of the Supreme Court of the State of New York July 5, 2001 (J.E. Capital, Inc. v. Karp Family Associates)

Ellerin, J.,

dissents in a Memorandum as follows: I would affirm for the reasons stated by Justice Schlesinger. To state a cause of action for unjust enrichment, plaintiff must allege that it conferred a benefit upon defendants for which it did not receive adequate compensation (Tarrytown House Condominiums v Hainje, 161 AD2d 310, 313).