—Appeal from an order of the Supreme Court, Chautauqua County (Timothy J. Walker, A.J.), entered May 4, 2009. The order, insofar as appealed from, denied the motion of plaintiff for summary judgment on the cause of action for unjust enrichment.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Schmidt v Lorenzo ([appeal No. 1] 70 AD3d 1362 [2010]). Present—Centra, J.P., Peradotto, Lindley, Pine and Gorski, JJ.