McGraw Property Solutions, LLC v. Fortress Investment Group LLC — 2d Cir. (Sep 25, 2026)

No. 25-2574 Argued September 25, 2026 Published September 27, 2026

The Second Circuit hears a dispute over who should pay for repairs to five storm-damaged roofs in Illinois. McGraw Property Solutions agreed to do the work for the former owner and took an assignment of the owner's insurance claim—a right to pursue the insurer for payment. The property then changed hands, and McGraw says Fortress directed work that continued afterward. McGraw invoiced Fortress for more than a million dollars, but its separate insurance lawsuit failed after it did not complete a policy-required examination under oath. McGraw then sued Fortress, claiming the parties' conduct implied a payment agreement or, alternatively, that Fortress unfairly benefited from the work. A New York federal judge dismissed both claims. The appeal asks whether McGraw pleaded enough to infer a promise to pay or a fair basis for reimbursement despite the insurance arrangement.

McGraw Property Solutions, LLC v. Fortress Investment Group LLC (No. 25-2574) — U.S. Court of Appeals for the Second Circuit, argued September 25, 2026.

Sources

Argument audio — Second Circuit (public domain, 17 U.S.C. § 105):https://ww3.ca2.uscourts.gov/audio/25-2574.mp3

Argument listing and date — Second Circuit:https://ww3.ca2.uscourts.gov/oral_arguments.html

Appeal docket — Second Circuit:https://dockets.justia.com/docket/circuit-courts/ca2/25-2574

Dismissal order and case background — Southern District of New York:https://cases.justia.com/federal/district-courts/new-york/nysdce/1:2024cv06859/628128/28/0.pdf

Prior insurance case — Northern District of Illinois:https://cases.justia.com/federal/district-courts/illinois/ilndce/1:2022cv00396/411873/40/0.pdf

Implied-in-fact contract — New York Court of Appeals:https://www.law.cornell.edu/nyctap/I99_0157.htm

Unjust enrichment — New York Court of Appeals:https://www.leagle.com/decision/innyco20120628303

0:00Introduction