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Morales v. Grand Cru Associates

Appellate Division of the Supreme Court of New York, Second Department
May 27, 2003
305 A.D.2d 647 (N.Y. App. Div. 2003)

Opinion

2002-04837

Argued May 1, 2003.

May 27, 2003.

In an action, inter alia, to recover damages based on quantum meruit and for unjust enrichment, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (O'Connell, J.), dated April 20, 2002, as granted that branch of the defendants' motion which was for summary judgment dismissing the second and third causes of action to recover damages based on quantum meruit and for unjust enrichment, and denied the branches of their motion which were for summary judgment on those causes of action.

Kase Druker, Garden City, N.Y. (James O. Druker and Paula Schwartz Frome of counsel), for appellants.

Semon Mondshein, Woodbury, N.Y. (Lee J. Mondshein of counsel), for respondents.

Before: ANITA R. FLORIO, J.P., SANDRA J. FEUERSTEIN, WILLIAM D. FRIEDMANN, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The defendants demonstrated their prima facie entitlement to summary judgment on the causes of action to recover damages based on quantum meruit and for unjust enrichment by submitting evidence that the parties entered into a written agreement that defined their relationship. In opposition, the plaintiffs submitted only conclusory and unsubstantiated allegations that a separate oral agreement existed between the parties. This was insufficient to defeat that branch of the defendants' motion which was for summary judgment on these two causes of action (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562). The existence of an express agreement, whether oral or written, governing a particular subject matter precludes recovery in quasi-contract for events arising out of the same subject matter (see Clark-Fitzpatrick v. Long Is. R.R. Co., 70 N.Y.2d 382, 388; Bradkin v. Leverton, 26 N.Y.2d 192, 196; Miller v. Schloss, 218 N.Y. 400, 407).

The plaintiffs' remaining contentions are without merit.

FLORIO, J.P., FEUERSTEIN, FRIEDMANN and CRANE, JJ., concur.


Summaries of

Morales v. Grand Cru Associates

Appellate Division of the Supreme Court of New York, Second Department
May 27, 2003
305 A.D.2d 647 (N.Y. App. Div. 2003)
Case details for

Morales v. Grand Cru Associates

Case Details

Full title:PETER A. MORALES, ET AL., appellants, v. GRAND CRU ASSOCIATES, ET AL.…

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

Date published: May 27, 2003

Citations

305 A.D.2d 647 (N.Y. App. Div. 2003)
759 N.Y.S.2d 890

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