In Kagan v. K-Tel Entertainment, Inc., 172 AD2d 375, 568 NYS2d 756 (1st Dept 1991) the First Department ruled that a defendant cannot be held responsible if services were performed from which defendant received a benefit and s/he didn't request the service: The Court held: "Plaintiffs' claim is without merit. As reflected in the common law of the various states, to recover under a theory of quasi contract, a plaintiff must demonstrate that services were performed for the defendant resulting in its unjust enrichment (Kapral's Tire Svc. v. Aztek Tread Corp., 124 AD2d 1011, 1013, 508 N.Y.S.2d 777). It is not enough that the defendant received a benefit from the activities of the plaintiff (Armstrong v. I.T.T.S. Corp., 10 AD2d 711, 198 N.Y.S.2d 641); if services were performed at the behest of someone other than the defendant, the plaintiff must look to that person for recovery (Citrin v. Columbia Broadcasting, 29 AD2d 740, 286 N.Y.S.2d 706)."