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AMERICAN TELEPHONE & UTILITY CONSULTANTS, INC. v. BETH ISRAEL MEDICAL CENTER

307 A.D.2d 834 (2003)

763 N.Y.S.2d 466

AMERICAN TELEPHONE & UTILITY CONSULTANTS, INC., Appellant, v. BETH ISRAEL MEDICAL CENTER, Respondent.

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

Decided August 14, 2003.

While the existence of a valid and enforceable contract governing a particular subject matter ordinarily precludes recovery in quasi-contract for events arising out of the same subject matter (Clark-Fitzpatrick, Inc. v Long Is. RR. Co., 70 N.Y.2d 382, 388 [1987]), where there is a bona fide dispute as to the existence of a contract or where the contract does not cover the dispute in issue, plaintiff may proceed upon a theory of quantum...

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