Sound Beyond Electrical Corp. v. City of New York
Opinion of the Court
We have previously stated — in a case involving the same contract provision as in the instant case — “The construction contract entered into between plaintiff and the City unambiguously precluded plaintiff from commencing a plenary action for damages upon a determination by the City that plaintiff had defaulted under the contract. Plaintiff’s remedy was to commence a CPLR article 78 proceeding challenging the determination of default, which it failed to do” (Cal-Tran Assoc., Inc. v City of New York, 43 AD3d 727, 727 [2007]). We perceive no reason to depart from Cal-Tran (see Maxton Bldrs. v Lo Galbo, 68 NY2d 373, 381 [1986]).
It is true that Cal-Tran did not consider restitution, quantum meruit, unjust enrichment, or fraudulent misrepresentation. Nevertheless, those unpleaded claims are barred by article 49.2, which precludes plaintiff from commencing a plenary action for any damages relating to the contract. In addition, the quasi contract claims for restitution, quantum meruit, and unjust enrichment are barred by the existence of a valid contract between plaintiff and the City, covering the subject matter of their dispute (see e.g. DePinto v Ashley Scott, Inc., 222 AD2d 288, 289 [1995]; Grace Indus., Inc. v New York City Dept. of Transp., 22 AD3d 262, 263 [2005], lv denied 6 NY3d 703 [2006]). Concur— Andrias, J.P, Friedman, Moskowitz, Freedman and ManzanetDaniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.