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MERIT U.S. REAL ESTATE FUND III, LP v. MAIDEN FED LLC

13 A.D.3d 75 (2004)

786 N.Y.S.2d 739

MERIT U.S. REAL ESTATE FUND III, LP, Appellant, v. MAIDEN FED LLC et al., Respondents.

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

December 2, 2004.

The causes of action for breach of contract were properly dismissed because they were dependent on plaintiff making claim within six months that the representations in the contract schedules as to additional work to be performed, and for which money was to be escrowed, were incorrect. Since timely claims were not made, there was no viable breach of contract claim. The claim for unjust enrichment fails because the written contract...

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