On October 3, 2025, the Fourth Department issued a decision in JSC Mgt. Group, LLC v. West Gen. Contrs., LLC, 2025 NY Slip Op. 05351, holding that contract and quasi-contract claims may be made in the alternative when there is a dispute over the existence of a contract, explaining:
We likewise reject plaintiff’s contention that the court erred in determining that defendant may assert its fifth and sixth counterclaims in the alternative to a breach of contract counterclaim. A party may assert quasi-contract theories in the alternative where there is a bona fide dispute as to the existence of a contract or the application of a contract in the dispute in issue. Here, defendant asserted two counterclaims for breach of contract: the first counterclaim alleging a breach of the Connecticut contract, and the seventh counterclaim alleging a breach of the alleged agreement. Although the existence of the Connecticut contract is undisputed, the record reflects that there is a bona fide dispute as to the existence and terms of the alleged agreement. As pleaded by defendant, the fifth and sixth counterclaims properly allege quasi-contract theories in the alternative to a purported breach of the alleged agreement.
(Internal quotations and citations omitted).