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INSPIRIT DEV. & CONSTR., LLC v. GMF 157 LP

Index No. 652022/20. Appeal No. 15423. Case No. 2021-03120.

203 A.D.3d 430 (2022)

164 N.Y.S.3d 575

2022 NY Slip Op 01390

Inspirit Development and Construction, LLC, Respondent-Appellant, v. GMF 157 LP et al., Appellants-Respondents. GMF 157 LP, Third-Party Plaintiff-Appellant, v. Alex R. Chiesi, Third-Party Defendant-Respondent. (And Another Action.)

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Olshan Frome Wolosky LLP, New York ( Kerrin T. Klein of counsel), for appellants-respondents/appellant.

Bailey Duquette P.C., New York ( Derrick F. Moore of counsel), for respondent-appellant/respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ.

The court properly dismissed the third cause of action for quantum meruit and the fourth for unjust enrichment. "The existence of a valid and enforceable written 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. R.R. Co., 70 N.Y.2d 382, 388 [1987]; see also id. at 389).

Plaintiff claims...

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