On April 21, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Sleepyheadsyo, LLC v. Ilias Inc., 2025 NY Slip Op. 50600(U), holding that a plaintiff may alleged contract and quasi-contract claims in the alternative, explaining:
The Court agrees with plaintiff that when a party has pleaded a quasi-contract claim as an alternative to a breach of contract claim, this potential alternative theory of recovery should not be denied to plaintiff at the pleadings stage.
This is particularly true given that defendants in their motion to dismiss have disputed whether a contract exists among the parties.
(Internal citations omitted).