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STANDARDBRED OWNERS ASS'N, INC. v. YONKERS RACING CORP.

209 A.D.2d 507 (1994)

619 N.Y.S.2d 613

Standardbred Owners Association, Inc., Plaintiff, v. Yonkers Racing Corporation, Defendant and Third-Party Plaintiff-Appellant. Roosevelt Raceway, Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 14, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

The first cause of action pleaded in the third-party complaint seeks recovery in quasi contract based on the doctrine of unjust enrichment. However, the record indicates that the purported quasi contract arises "out of the same subject matter" (Clark-Fitzpatrick, Inc. v Long Is. R. R. Co., 70 N.Y.2d 382, 388) governed by an enforceable written contract...

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