The proposed counterclaim for unjust enrichment is barred because the parties had entered into an agreement that governed the settlement. Although a party generally does not have to elect its remedy as between unjust enrichment or breach of contract at the pleadings stage, all the rights and obligations in dispute between the parties arise from the parties' purchase and sale agreement and the settlement agreements, rendering a counterclaim for unjust enrichment inapposite to the facts.
Walsam 316 v. 316 Bowery Realty Corp. , NY Slip Op 02288 (1st Dep't April 30, 2024)
