Eghaghe v Junius Realty Corp.

[*1] Eghaghe v Junius Realty Corp. 2013 NY Slip Op 51453(U) Decided on August 21, 2013 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 21, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., RIOS and ALIOTTA, JJ
2012-1097 K C.

Mashido O. Eghaghe, Appellant,

against

Junius Realty Corp., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered March 16, 2012. The order granted defendant's motion to dismiss the complaint.

ORDERED that the order is affirmed, without costs.

In this action to recover for "unjust enrichment," plaintiff alleges that he had left his truck, car and automobile parts at L & M Auto Body Shop (L & M) for repair and that defendant, L & M's landlord, had evicted L & M from its premises, but defendant did not return plaintiff's personalty following the eviction. The Civil Court granted defendant's motion to dismiss the complaint, finding that defendant was not the named petitioner in the nonpayment proceeding which had resulted in the eviction of L & M, but rather another entity, 356-358 Junius Street Realty, LLC, had commenced the nonpayment proceeding and was the landlord that had evicted L & M and had allegedly failed to return plaintiff's property to him.

In our opinion, defendant made a sufficient showing to warrant the granting of its motion to dismiss the complaint. Accordingly, the order is affirmed.

Weston, J.P., Rios and Aliotta, JJ., concur.
Decision Date: August 21, 2013