October 18, 2026

Unjust enrichment

Practice point:  Unjust enrichment lies as a quasi-contract claim and contemplates an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties. A valid contract governing the subject matter generally precludes recovery in quasi contract for events arising out of the same subject matter. 

Application:  Since there is a valid contract governing the subject matter, the complaint failed to state a cause of action to recover damages for unjust enrichment.

Alexim Holdings, LLC vs. Chang-Wardi, NY Slip Op 05924 (2d Dep't October 14, 2026)

Here is the decision.