Levin Epstein & Associates, P.C. is pleased to share a recent favorable decision, obtained on behalf of our clients, issued by the Honorable Justice Arlene P. Bluth in Hongying Zhao, et al. v. Ardent Financial Fund, et. al. (Index No. 157066/2017). The Court granted our clients Motion to Dismiss in its entirety, with prejudice, and with costs awarded. Plaintiffs brought the following three (3) causes of action: (1) constructive trust, (2) money had and received, and (3) unjust enrichment.
(1) Constructive Trust. In its reasoning, the Court stated that Plaintiffs failed to plead facts that could establish a confidential or fiduciary relationship between Plaintiffs and the Pure Green defendants. Thus, the Court dismissed the claim for a constructive trust.
(2) Money Had and Received. In its reasoning, the Court stated that the Plaintiffs relationship to our clients were was “too attenuated”. Thus, the Court dismissed the claim for Money Had and Received.
(3) Unjust Enrichment. In its reasoning, the Court stated that simply because another party – not our clients – committed wrongdoing, and our clients accepted some money from the wrongdoer, it does not mean that our clients can be held liable on a theory of unjust enrichment. Thus, the Court held that Plaintiffs failed to allege any facts in the complaint or in the opposition to our clients’ motion that suggests a close relationship between our clients and the Plaintiffs.
Please feel free to contact Mr. Joshua Levin-Epstein with any questions about the case. His phone number is (212) 792-0046 or Mr. Jason Mizrahi at (212) 792-0048. A copy of our Decision and Order can be found here