Zeltser v Kukolev

Holding The Appellate Division modified the lower court’s order to dismiss the defendants’ counterclaims for breach of contract, conversion, breach of fiduciary duty, accounting, and partition, as they were barred by the statute of frauds or failed to state a cause of action. However, the court affirmed the denial of dismissal for the unjust enrichment counterclaims, finding that the statute of frauds does not preclude quasi-contractual recovery.

The court’s words

the claimed partial performance must be "unequivocally referable" to the alleged agreement

2026 NY Slip Op 05353, at the official text

the defendants failed to allege "a mutual promise or undertaking to share the burden of the losses of the alleged enterprise"

2026 NY Slip Op 05353, at the official text

the allegations of wrongdoing were insufficient to permit a reasonable inference of the alleged misconduct

2026 NY Slip Op 05353, at the official text

it is not precluded by the statute of frauds

2026 NY Slip Op 05353, at the official text