Opinion
14920 Index No. 652343/18 Case No. 2021–00561
12-28-2021
CRESCO LABS NEW YORK, LLC, etc., et al., Plaintiffs–Appellants, v. FIORELLO PHARMACEUTICALS, INC., etc., Defendant–Respondent.
Jenner & Block, New York (Stephen L. Ascher of counsel), for appellants. Izower Feldman, LLP, New York (Dennis Villasana of counsel), for respondent.
Jenner & Block, New York (Stephen L. Ascher of counsel), for appellants.
Izower Feldman, LLP, New York (Dennis Villasana of counsel), for respondent.
Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.
Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about January 14, 2021, which denied plaintiffs' motion for leave to file a second amended complaint, unanimously affirmed, without costs.
Plaintiffs' proposed unjust enrichment claim against Eric Sirota and Susan Yoss is palpably insufficient. Although Sirota and Yoss were enriched when they received a large sum of money from nonparty Green Thumb Industries, Inc. (GTI), this enrichment was not at plaintiffs' expense, because plaintiffs did not pay the money – GTI did (see E.J. Brooks Co. v. Cambridge Sec. Seals, 31 N.Y.3d 441, 456, 80 N.Y.S.3d 162, 105 N.E.3d 301 [2018] ).