UNCLAIMED PROPERTY RECOVERY SERVICE, INC. v. CHASE MANHATTAN BANK

25 A.D.3d 688 (2006)
811 N.Y.S.2d 688

UNCLAIMED PROPERTY RECOVERY SERVICE, INC., Appellant,
v.
CHASE MANHATTAN BANK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.
January 24, 2006.
Cozier, J.P., Santucci, Spolzino and Skelos, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff is a corporation that facilitates the collection of unclaimed property. The plaintiff entered into agreements with the predecessors of the defendant bank to recover unclaimed property held by the New York State Office of Unclaimed Funds in return for 10% of the value of the property recovered. The plaintiff commenced the instant action, inter alia, to recover damages for breach of contract, alleging that it did not receive its fee for assisting the defendant in recovering certain unclaimed property.

The defendant demonstrated its entitlement to judgment as a matter of law on the breach of contract cause of action by submitting the affidavits of its employees, who attested that the defendant did not recover the subject unclaimed property (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). In opposition, the plaintiff failed to raise a triable issue of fact.

The remaining causes of action alleging, inter alia, unjust enrichment, were properly dismissed because they were duplicative of the cause of action to recover damages for breach of contract (see Cooper, Bamundo, Hecht & Longworth, LLP v Kuczinski, 14 A.D.3d 644 [2005]; Express Home Care Agency v VIP Health Servs., 275 A.D.2d 759 [2000]).

The plaintiff's remaining contentions are without merit.


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