The defendants brought a motion to strike the plaintiff bankruptcy trustee's claims for the recovery of usurious interest and unlawful commissions paid as part of a Ponzi scheme.
The defendants argued the claims were statute-barred and failed to disclose a reasonable cause of action.
The plaintiff brought a cross-motion to amend the statements of claim to explicitly plead unjust enrichment.
The court dismissed the motion to strike, finding that the limitation period did not begin to run until the trustee discovered the fraudulent nature of the scheme, and that unjust enrichment was a valid cause of action.
The court granted the plaintiff's cross-motion to amend the pleadings, as the amendments would not cause non-compensable prejudice to the defendants.
