Canzona v. Atanasio

Summary

The Appellate Division, Second Department, affirmed an order denying the defendants' motion for summary judgment on counterclaims for unjust enrichment, money had and received, and conversion. The court held that the defendants failed to establish prima facie entitlement to judgment, including because they provided insufficient evidence of extortion and failed to show unauthorized dominion over funds.

Holdings

1. The defendants were not entitled to summary judgment because their submissions failed to establish prima facie that an extortion occurred or that Canzona was enriched at the defendants' expense under circumstances making retention of the money inequitable.
2. The defendants were not entitled to summary judgment on their conversion counterclaim because their own submissions failed to establish that Canzona exercised unauthorized dominion over the funds.
3. Because the defendants failed to establish their prima facie entitlement to judgment as a matter of law, the motion was properly denied without regard to the sufficiency of Canzona's opposition papers.

Questions Presented

1. Whether the defendants established prima facie entitlement to summary judgment on their unjust-enrichment and money-had-and-received counterclaims based on alleged extortion of $500,000.
2. Whether the defendants established prima facie entitlement to summary judgment on their conversion counterclaim based on alleged misappropriation of funds intended for loan payments and nonpayment of a share of a loan.

Disposition

affirmed