Opinion
2021-07504 Index 652343/18
12-28-2021
Cresco Labs New York, LLC, etc., et al., Plaintiffs-Appellants, v. Fiorello Pharmaceuticals, Inc., etc., Defendant-Respondent. Appeal No. 14920 Case No. 2021-00561
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.
Before: 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 [2018]).