Opinion
669 Index No. 162500/15 Case No. 2022–03233
10-03-2023
BOARD OF MANAGERS OF the 15 UNION SQUARE WEST CONDOMINIUM, Plaintiff–Respondent, v. Moshe AZOGUI et al., Defendants–Appellants, BCRE 15 Union Square West LLC et al., Defendants.
Morrison Cohen LLP, New York (Joaquin Ezcurra of counsel), for appellants. Gallet Dreyer & Berkey, LLP, New York (David L. Berkey of counsel), for respondent.
Morrison Cohen LLP, New York (Joaquin Ezcurra of counsel), for appellants.
Gallet Dreyer & Berkey, LLP, New York (David L. Berkey of counsel), for respondent.
Kern, J.P., Moulton, Mendez, Higgitt, O'Neill Levy, JJ.
Order, Supreme Court, New York County (Debra James, J.), entered June 16, 2022, which, to the extent appealed from, denied the motion of defendants-appellants Moshe Azogui, Issac Hera, BCRE 15 USW Holdings LLC, BCRE 15 USW Second LLC, and BCRE 15 USW Corp. (collectively, appellants) to dismiss the cause of action for unjust enrichment as against them, unanimously reversed, on the law, without costs, and the motion granted.
Plaintiff's cause of action for unjust enrichment is barred by the written agreement between plaintiff and defendant condominium sponsor, despite the fact that appellants are nonsignatories to that agreement (see Maor v. Blu Sand Intl. Inc., 143 A.D.3d 579, 579, 38 N.Y.S.3d 907 [1st Dept. 2016] ). The case law is clear that even where a defendant is a third-party nonsignatory to a contract, there can be no cause of action sounding in quasi-contract where, as here, there is a valid contract in place and the contract covers the subject matter of the dispute (see Iberdrola Energy Projects v. MUFG Union Bank, N.A., 218 A.D.3d 409, 411, 194 N.Y.S.3d 204 [1st Dept. 2023] ; J.T. Magen & Co., Inc. v. Nissan N. Am., Inc., 178 A.D.3d 466, 467, 113 N.Y.S.3d 702 [1st Dept. 2019] ).
We have considered appellants’ remaining arguments and find them unavailing.