Levin v. Kitsis

In Levin v. Kitsis, 82 AD3d 1051 (2d Dep't 2011) the plaintiffs alleged that the defendants Oscar Kitsis and Ada Kitsis improperly assigned a mortgage interest to L'Esperanza, a corporation owned and controlled by their daughter, Anna Kitsis. Id. This allegation was sufficient to state a claim for unjust enrichment against L'Esperanaza. Id. However, the unjust enrichment claim against Anna Kitsis was dismissed for failure to allege that she personally benefited, rather than her corporation, even though "the plaintiffs alleged sufficient facts from which it may be inferred that Anna Kitsis knowingly participated in a fraudulent scheme to deprive the plaintiffs of their creditor rights." Levin, 82 AD3d at 1052.