Swartz v. Tyco International Ltd.
||Mark H. Swartz
||Tyco International Ltd.
||May 22, 2012
||New York Southern District Court
||Foley Square Office
||XX Out of State
||Thomas P. Griesa
|Nature of Suit:
||Labor - Employee Retirement Income Security Act of 1974
||28:1441 Notice of Removal
|Jury Demanded By:
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|Date Filed||#||Document Text|
|October 22, 2012||12|| OPINION re: 6 MOTION to Dismiss Complaint, filed by Tyco International Ltd. Tyco moves to dismiss Swartzs complaint in the new action on the ground that the claims were required to be brought as compulsory counterclaims in the Tyco action bu t were not. The motion is granted. It is apparent, however, that Swartzs related claim for unjust enrichment is duplicative of his breach of contract claim. Under New York law, a claim for unjust enrichment is unavailable for conduct that might also form the basis for an action for breach of contract. See Whitman Realty Group, Inc. v. Galano, 838 N.Y.S.2d 585, 588 (2d Dept. 2007). Therefore this unjust enrichment claim must also be dismissed. However, nothing in the present ruling should be construed as a departure from the ruling in the Tyco lawsuit to the extent that Swartz is entitled to retain the $44 million paid to him. So ordered. (Signed by Judge Thomas P. Griesa on 10/22/2012) (ja)|
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