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EMPIRE STATE FUEL CORP. v. WARBASSE-COGENERATION TECHNOLOGIES PARTNERSHIP, L.P.

58 A.D.3d 534 (2009)

871 N.Y.S.2d 140

EMPIRE STATE FUEL CORP., Appellant, v. WARBASSE-COGENERATION TECHNOLOGIES PARTNERSHIP, L.P., Defendant, and AMALGAMATED WARBASSE HOUSE, INC., Respondent.

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

January 22, 2009.

The existence of a valid contract between plaintiff and Warbasse precludes plaintiff's quantum meruit claim against Amalgamated (see Whitman Realty Group, Inc. v Galano, 41 A.D.3d 590, 592-593 [2007]). In any event, even if there were no contract, there is no evidence that Amalgamated was ever billed or paid for the fuel, and the record, including plaintiff's letter to Warbasse demanding payment, otherwise establishes that plaintiff...

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