Practice point: If there is an enforceable contract, plaintiff has no claim sounding in quantum meruit.
Practitioners should note that the receipt of a benefit, standing alone, is insufficient to show unjust enrichment.
Case: Empire State Fuel Corp. v. Warbasse-Cogeneration Tech. Partnership, L.P., NY Slip 00303 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Attorneys’ fees.
