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FM COST CONTAINMENT, LLC v. +42 W. 35TH PROP. LLC

653515/20. Appeal No. 15444. Case No. 2021-02778.

203 A.D.3d 426 (2022)

160 N.Y.S.3d 597

2022 NY Slip Op 01385

FM Cost Containment, LLC, Appellant, v. +42 W. 35th Property LLC et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 3, 2022.

Attorney(s) appearing for the Case

Bantle & Levy LLP, New York (Robert L. Levy of counsel), and Bell & Bell LLP, Philadelphia, PA (James A. Bell, IV of the bar of the Commonwealth of Pennsylvania, admitted pro hac vice, of counsel), for appellant.

Walden Macht & Haran LLP, New York (Daniel A. Cohen of counsel), for respondents.

Concur—Renwick, J.P., Gesmer, Moulton, Rodriguez, Pitt, JJ.

The motion court properly dismissed the quasi contractual claims against +42 W. 35th, since both plaintiff and +42 W. 35th acknowledged that their agreement is an enforceable contract. Thus, recovery on a theory of quasi contract is foreclosed, as a claim for unjust enrichment does not lie where it duplicates a conventional contract claim (see Clark-Fitzpatrick, Inc. v Long Is. R.R. Co., 70 N.Y.2d 382, 388 [1987]; Scarola Ellis...

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