The Appellate Division affirmed the granting of defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging unjust enrichment. The existence of a valid contract governing the subject matter precludes recovery in quasi contract for events arising out of the same subject matter. An unjust enrichment claim is not available where it simply duplicates, or replaces, a conventional contract or tort claim. Here, recovery on an unjust enrichment theory is precluded, since that cause of action arises out of the same subject matter as the breach of contract cause of action, which remains a viable part of this case despite the denial of summary judgment to the plaintiff on the issue of liability.
Avery v. WJM Dev. Corp., NY Slip Op 02634 (2d Dep't May 17, 2023)
