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Baumberger Capital v. Canaan Partners

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1997
235 A.D.2d 216 (N.Y. App. Div. 1997)

Opinion

January 9, 1997.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered January 23, 1996, which dismissed all but the fourth and sixth causes of action in the complaint, unanimously modified, on the law, to dismiss the fourth and sixth causes of action and, as so modified, the order is affirmed, without costs. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Before: Murphy, P. J., Sullivan, Milonas, Rubin and Andrias, JJ.


Given the existence of the finder's agreement, dated October 14, 1994, which governs the relationship between the parties, plaintiff is precluded from seeking damages under the quasicontractual theories of quantum meruit and unjust enrichment ( Clark-Fitzpatrick, Inc. v Long Is. R. R. Co., 70 NY2d 382, 388-389). We have considered plaintiffs arguments on its appeal and find them to be without merit.


Summaries of

Baumberger Capital v. Canaan Partners

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1997
235 A.D.2d 216 (N.Y. App. Div. 1997)
Case details for

Baumberger Capital v. Canaan Partners

Case Details

Full title:BAUMBERGER CAPITAL, Appellant-Respondent, v. CANAAN PARTNERS et al.…

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

Date published: Jan 9, 1997

Citations

235 A.D.2d 216 (N.Y. App. Div. 1997)
652 N.Y.S.2d 17

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