Appellate Division of the Supreme Court of the State of New York June 20, 2005 (Lum v. New Century Mortgage Corp.)

In an action, inter alia, to recover damages for fraud, tortious interference with contract, inducement of breach of fiduciary duty, violation of General Business Law § 349, unjust enrichment, and money had and received, arising from the payment by the defendant mortgage lender to a nonparty mortgage broker of a yield spread premium, the plaintiff appeals from an order of the Supreme Court,