On April 19, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in 798 Tremont Holding LLC v. Wefile LLC, 2023 NY Slip Op. 50352(U), holding that a breach of contract claim barred an unjust enrichment claim on the same subject, explaining:
Defendants’ motion seeking dismissal of the second and third causes of action for promissory estoppel and unjust enrichment, respectively, is granted. Significantly, the instant causes of action are premised on the same events on which the breach of contract claim is premised. Accordingly, these are duplicative quasi-contract causes of action, which when, as here, they merely duplicate an existing and pleaded cause of action for breach of contract, must be dismissed.