When There is a Dispute Over the Existence of a Contract, a Plaintiff May Plead Both Contract and Quasi-Contract Claims
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

When There is a Dispute Over the Existence of a Contract, a Plaintiff May Plead Both Contract and Quasi-Contract Claims

On April 4, 2024, the First Department issued a decision in Georgetown Co., LLC v. IAC/Interactive Corp., 2024 NY Slip Op. 01870, holding that when there is a dispute over the existence of a contract, a plaintiff may please both contract and quasi-contract claims . . . Continue reading When There is a Dispute Over the Existence of a Contract, a Plaintiff May Plead Both Contract and Quasi-Contract Claims

Question of Fact Regarding Whether Work Was Covered by Contract Precluded Dismissal of Unjust Enrichment Claim
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

Question of Fact Regarding Whether Work Was Covered by Contract Precluded Dismissal of Unjust Enrichment Claim

On July 28, 2023, the Fourth Department issued a decision in Milherst Constr., Inc. v. Natale Bldg. Corp., 2023 NY Slip Op. 04051, holding that a question of fact regarding whether extra work was covered by a contract precluded dismissal of an unjust enrichment claim . . . Continue reading Question of Fact Regarding Whether Work Was Covered by Contract Precluded Dismissal of Unjust Enrichment Claim

Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between the Plaintiff and the Defendant
Commercial Case Notes / Quantum Meruit/Unjust Enrichment

Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between the Plaintiff and the Defendant

On July 7, 2023, Justice Reed of the New York County Commercial Division issued a decision in Quinn v. GCB Capital, LLC, 2023 NY Slip Op. 50674(U), holding that an unjust enrichment claim failed for lack of a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between the Plaintiff and the Defendant

Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between Plaintiff and Defendant
Commercial Case Notes / Quantum Meruit/Unjust Enrichment

Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between Plaintiff and Defendant

On December 2, 2021, Justice Reed of the New York County Commercial Division issued a decision in Lanaras v. Premium Ocean, LLC, 2021 NY Slip Op. 51128(U), holding that an unjust enrichment claim failed for lack of a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between Plaintiff and Defendant