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POLARIS VENTURE PARTNERS VI L.P. v. AD-VENTURE CAPITAL PARTNERS L.P.

10834, 650623/18.

179 A.D.3d 548 (2020)

114 N.Y.S.3d 639

2020 NY Slip Op 00483

Polaris Venture Partners VI L.P. et al., Respondents, v. AD-Venture Capital Partners L.P. et al., Appellants.

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

Decided January 23, 2020.

The IAS court properly found that plaintiffs adequately stated a claim for breach of the agreement. However, the existence of an express contract governing the subject matter precludes plaintiffs claim for unjust enrichment (Clark-Fitzpatrick, Inc. v Long Is. R.R. Co., 70 N.Y.2d 382, 388 [1987]). Similarly, the claim for breach of the implied covenant of good faith and fair dealing should have been dismissed as duplicative, because...

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