FUTURE STAR HOSPITALITY ADVISORS, LLC v. LaFRIEDA VEAL & LAMB CO., INC.

Index No. 652471/20. Appeal No. 15510. Case No. 2021-02082.

203 A.D.3d 509 (2022)

161 N.Y.S.3d 780

2022 NY Slip Op 01735

Future Star Hospitality Advisors, LLC, Appellant, v. LaFrieda Veal & Lamb Co., Inc, Respondent.

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

Decided March 15, 2022.


Attorney(s) appearing for the Case

Garson, Segal, Steinmetz, Fladgate LLP, New York ( Robert Garson of counsel), for appellant.

Greenberg Traurig LLP, New York ( Louis Smith and Rebecca Zisek of counsel), for respondent.

Concur—Webber, J.P., Moulton, Kennedy, Mendez, Pitt, JJ.


The motion court correctly found that the breach of contract claim in the original complaint fell squarely within the "business opportunity" provision of the statute of frauds (General Obligations Law § 5-701[a][10]), and that the quasi-contractual claims of quantum meruit and unjust enrichment in the amended complaint were simply repackaged versions of the dismissed breach of contract claim. Plaintiff is not permitted to pursue quasi-contractual claims for the sole...

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