The following e-filed documents, listed by NYSCEF document number (Motion 005) 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 206, 211 were read on this motion to/for PARTIAL SUMMARY JUDGMENT. DECISION + ORDER ON MOTION In this family dispute over real property, plaintiff Great Jones St. Realty Corp. is the owner of a commercial building located at 35 Great Jones Street, New York, New York (the building). Plaintiff sues defendant Nittaya Chimsanthia, individually and as Trustee of the Nittaya Chimsanthia Marital Trust, for usurpation of corporate opportunity and related causes of action alleging that defendant is preventing plaintiff from renting unit 3-B (the unit) in the building to a commercial tenant. Defendant resides in the unit and pays no rent or other charges. Plaintiff moves for partial summary judgment on the issue of liability on its first cause of action for usurpation of corporate opportunity and third cause of action for unjust enrichment.1 Defendant cross-moves for partial summary judgment dismissing plaintiff’s first and third causes of action. BACKGROUND There is no dispute that plaintiff is a close corporation and that the building is a commercial office and/or industrial type property, consisting of eleven units. The unit occupied by defendant is commercial space with a fair market rental value of approximately $10,000 a month (NYSCEF 1, complaint
4, 5, 6). Plaintiff seeks lost rental income of at least $10,000 a month from January 1, 2018. Plaintiff alleges that defendant has been collecting rent from persons that she allows to live in the unit (NYSCEF 1, 23, 24). In support of its motion, plaintiff submits an affidavit from Lawrence Scott, vice president of plaintiff. Plaintiff was previously owned by Lawrence’s brother, Joseph Scott, Jr., and their parents, Joseph Scott, Sr., and Theresa Scott, both officers of plaintiff (NYSCEF 121, 4, 28). Defendant was married to Joseph, Jr. from 2005 until his death in November 2017. Defendant and Joseph, Jr. had a child in 2012 (NYSCEF 121, 8, NYSCEF 188,
