Stark v. City of New York
Opinion of the Court
In an action, inter alia, to recover damages for breach of a lease, the plaintiff appeals from an order of the Supreme Court, Queens County (Grays, J.), dated January 21, 2005, which granted the defendant’s motion for summary judgment dismissing the first cause of action to the extent it sought rent due prior to July 6, 1996, and dismissing the second cause of action to recover damages for unjust enrichment, and denied her cross motion for summary judgment on the issue of liability on the second cause of action.
Ordered that the order is affirmed, with costs.
Furthermore, “[t]he existence of a valid and enforceable written contract governing a particular subject matter ordinarily precludes recovery in quasi contract for events arising out of the same subject matter” (Clark-Fitzpatrick, Inc. v Long Is. R.R. Co., 70 NY2d 382, 388 [1987]). Accordingly, the Supreme Court properly dismissed the plaintiffs second cause of action sounding in unjust enrichment.
The plaintiffs remaining contention is without merit. Miller, J.P., Adams, Goldstein and Covello, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.