Plaintiff asserts that defendants were unjustly enriched by the 2013 Compensation, which they received as a result of the alleged breaches of their fiduciary duties. Defendants move for summary judgment on this count as well. A claim for unjust enrichment requires “(1) an enrichment, (2) an impoverishment, (3) a relation between the enrichment and impoverishment, (4) the absence of justification, and (5) the absence of a remedy provided by law.” In arguing for summary judgment, defendants rely entirely on the principle that, if plaintiff’s claim for breach of fiduciary duty fails, his claim for unjust enrichment on the basis of such breach must fail as well. The corollary to that argument plays out here. If defendants’ solebasis for summary judgment on a duplicative unjust enrichment claim is the failure of the underlying claim for breach of fiduciary duty, then the survival of the fiduciary duty
claim logically allows the claim for unjust enrichment to survive as well.For this
reason, I deny defendants’ motion for summary judgment as to the unjust enrichment
claim