Travelsavers Enter., Inc. v. Analog Analytics, Inc., 2017 NY Slip Op 3034 (N.Y. App. Div. 2017). · Go Syfert
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Travelsavers Enter., Inc. v. Analog Analytics, Inc., 2017 NY Slip Op 3034 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
32 citation events (32 in the last 25 years) across 5 distinct courts.
Strongest positive: Makransky v. Makransky (nyappdiv, 2025-10-15)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 6 distinct citers.
discussed Cited as authority (rule) Makransky v. Makransky (2×)
N.Y. App. Div. · 2025 · confidence medium
Moreover, the plaintiff did not allege that she was misled by the buyers or relied upon any action or representation of the buyers to her detriment ( see id. ). "'The elements of a cause of action to recover for unjust enrichment are (1) the defendant was enriched, (2) at the plaintiff's expense, and (3) that it is against equity and good conscience to permit the defendant to retain what is sought to be recovered'" ( Jetro Holdings, LLC v MasterCard Intl., Inc. , 166 AD3d 594, 598 [internal quotation marks omitted], quoting Travelsavers Enters., Inc. v Analog Analytics, Inc. , 149 AD3d 1003, 1…
discussed Cited as authority (rule) Nasca v. Greene
N.Y. App. Div. · 2023 · confidence medium
"The theory of unjust enrichment lies as a quasi-contract claim and contemplates an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties" ( Travelsavers Enters., Inc. v Analog Analytics, Inc. , 149 AD3d at 1006-1007 [alterations and internal quotation marks omitted]).
discussed Cited as authority (rule) Davis v. 574 Lafa Corp.
N.Y. App. Div. · 2022 · confidence medium
Here, the allegations contained in the complaint were sufficient to state a cause of action to recover damages upon a theory of strict liability for a dog attack ( see generally Travelsavers Enters., Inc. v Analog Analytics, Inc. , 149 AD3d at 1006-1007; Velez v Andrejka , 126 AD3d 685, 686 ).
discussed Cited "see" Kovalenko v. Bhatti Gen. Contr. & Dev., LLC
N.Y. App. Div. · 2025 · signal: see · confidence high
"The elements of a cause of action to recover [damages] for unjust enrichment are (1) the defendant was enriched, (2) at the plaintiff's expense, and (3) that it is against equity and good conscience to permit the defendant to retain what is sought to be recovered" ( Berkovits v Berkovits , 190 AD3d 911, 917 [internal quotation marks omitted]; see Travelsavers Enters., Inc. v Analog Analytics, Inc. , 149 AD3d 1003 , 1007).
discussed Cited "see" JLO Dev. Corp. v. Amalgamated Bank
N.Y. App. Div. · 2024 · signal: see · confidence high
"Technically complying with the terms of a contract while depriving the plaintiff of the benefit of the bargain may constitute a breach of the covenant of good faith and fair dealing" ( Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc. , 153 AD3d at 770 ; see Travelsavers Enters., Inc. v Analog Analytics, Inc. , 149 AD3d 1003 ).
cited Cited "see, e.g." McBride v. New York Property Insurance Underwriting Ass'n
N.Y. App. Div. · 2017 · signal: see also · confidence low
Co., 136 AD3d 975, 976 [2016]; see also Travelsavers Enters., Inc. v Analog Analytics, Inc., 149 AD3d 1003 , 1006 [2017]; Elmhurst Dairy, Inc. v Bartlett Dairy, Inc., 97 AD3d 781, 784 [2012]).
Travelsavers Enterprises, Inc., Doing Business as Travelsavers Partner Services, Appellant,
v.
Analog Analytics, Inc., Et Al., Respondents, Et Al., Defendant
2014-09295.
Appellate Division of the Supreme Court of the State of New York.
Apr 19, 2017.
2017 NY Slip Op 3034
Dillon, Sgroi, Hinds-Radix, Maltese.
Published

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Driscoll, J.), entered July 22, 2014, as granted those branches of the motion of the defendants Analog Analytics, Inc., Barclays Bank Delaware, and Barclays, PLC, which were pursuant to CPLR 3211 (a) to dismiss the second, fourth, fifth, sixth, and seventh causes of action insofar as asserted against them, and to strike the plaintiff’s demands for damages in excess of damages recoverable pursuant to a damages limitation clause in the contract, and granted the motion of the defendant Kenneth Kalb to dismiss the complaint insofar as asserted against him.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the companion appeal from the judgment (see CPLR 5501 [a] [1]; Travelsavers Enters., Inc. v Analog Analytics, Inc., 149 AD3d 1003 [2017] [decided herewith]).

Dillon, J.P., Sgroi, Hinds-Radix and Maltese, JJ., concur.