Opinion
December 1, 1997
Appeal from the Supreme Court, Suffolk County (Cannavo, J.).
Ordered that the appeal from the order entered May 14, 1996, is dismissed, as that order was superseded by the order dated January 15, 1997, made upon renewal; and it is further,
Ordered that the order dated January 15, 1997, is affirmed insofar as appealed from; and it is further,
Ordered that the respondents are awarded one bill of costs.
Contrary to the plaintiff's assertion, the court properly dismissed the second cause of action, asserted against the defendants Walter C. Goldstein, Charles J. Vandercook, and North Fork Bank, since the allegations of fraud were insufficiently detailed to satisfy CPLR 3016 (b). The plaintiff claims that the appellants misrepresented to him that they would pay him what he was owed pursuant to the terms of a contract he entered into with the defendant Hampton Athletic Club, Inc. (hereinafter HAC), if he forbore from filing a mechanic's lien against HAC's real property. Although the alleged misrepresentation was made directly to the plaintiff and he must have known the details of it, he failed to specify them in the complaint ( compare, Grumman Aerospace Corp. v. Rice) 196 A.D.2d 572).
The third cause of action, asserted against the defendant North Fork Bank, seeks recovery in quasi-contract based on the doctrine of unjust enrichment. However, the record indicates that the purported quasi-contract arises out of the same subject matter governed by the written contract between the plaintiff and HAC. Under these circumstances, this cause of action was properly dismissed ( see, Julien J. Studley, Inc. v. New York News, 70 N.Y.2d 628; Standardbred Owners Assn. v. Yonkers Racing Corp., 209 A.D.2d 507; Mariacher Contr. Co. v. Kirst Constr., 187 A.D.2d 986).
Copertino, J. P., Sullivan, Pizzuto and Lerner, JJ., concur.