Beaman v. Awaye Realty Mgmt., LLC

176 A.D.3d 1025

108 N.Y.S.3d 881 (Mem)

Marc R. BEAMAN, et al., Appellants,

v.AWAYE REALTY MANAGEMENT, LLC, Respondent.

2017–00610

2017–04091

Index No. 500342/12

Supreme Court, Appellate Division, Second Department, New York.

Argued—June 3, 2019

October 23, 2019

Ginsburg & Misk, LLP, Queens Village, N.Y. (Gerard N. Misk of counsel), for appellants.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn, N.Y. (Anthony J. Genovesi of counsel), for respondent and nonparty Arlene T. Waye.

ALAN D. SCHEINKMAN, P.J., SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, BETSY BARROS, JJ.

DECISION & ORDER

ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 472 N.Y.S.2d 718 ); and it is further,

ORDERED that the judgment is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the defendant.

After a nonjury trial, the defendant was awarded the principal sum of $91,440 on its counterclaim against the plaintiffs to recover damages for unjust enrichment, which was based on the cost of renovations the defendant made to certain real property owned by the plaintiffs in contemplation of an agreement, which never materialized, for the defendant to purchase the property. The plaintiffs appeal from a judgment in favor of the defendant and against them in the principal sum of $91,440.

The power of this Court in reviewing a determination rendered after a nonjury trial is as broad as that of the trial court, and this Court may render the judgment it finds warranted by the facts, taking into consideration that in a close case the trial court had the advantage of seeing the witnesses and hearing the testimony (see Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809 ; Fire Is. Real Estate, Inc. v. Coldwell Banker Residential Brokerage, 131 A.D.3d 507, 15 N.Y.S.3d 159 ).

To prevail on a cause of action alleging unjust enrichment, a party must establish that it conferred a benefit upon the other party, and that the other party will retain that benefit without adequately compensating the first party therefor (see MT Prop., Inc. v. Ira Weinstein & Larry Weinstein, LLC, 50 A.D.3d 751, 752, 855 N.Y.S.2d 627 ). The essential inquiry on any cause of action alleging unjust enrichment is whether it is against equity and good conscience to permit the party against whom it is asserted to retain what is...