Standardbred Owners Ass'n v. Yonkers Racing Corp.

Appellate Division of the Supreme Court of New York

Standardbred Owners Ass'n v. Yonkers Racing Corp.

209 A.D.2d 507, 619 N.Y.S.2d 613, 1994 N.Y. App. Div. LEXIS 11264

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 14, 1994

StatusPublished

Cited by5 cases

This text of 209 A.D.2d 507 (Standardbred Owners Ass'n v. Yonkers Racing Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Standardbred Owners Ass'n v. Yonkers Racing Corp., 209 A.D.2d 507, 619 N.Y.S.2d 613, 1994 N.Y. App. Div. LEXIS 11264 (N.Y. Ct. App. 1994).

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Opinion

—In an action to recover damages for breach of contract, the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Wager, J.), dated May 21, 1992, as granted the branch of the third-party defendant’s motion which was to dismiss the first cause of action in the third-party complaint pursuant to CPLR 3211 (a) (7).

Ordered that the order is affirmed insofar as appealed from, with costs.

The first cause of action pleaded in the third-party complaint seeks recovery in quasi contract based on the doctrine of unjust enrichment. However, the record indicates that the purported quasi contract arises "out of the same subject matter” (Clark-Fitzpatrick, Inc. v Long Is. R. R. Co., 70 NY2d 382, 388) governed by an enforceable written contract between the same parties, dated September 1, 1988. Under these circumstances, the first cause of action in the third-party complaint was properly dismissed (see, Clark-Fitzpatrick, Inc. v Long Is. R. R. Co., supra; Radio Today v Westwood One, 684 [508]*508F Supp 68, 71-72; Chadirjian v Kanian, 123 AD2d 596; Nixon Gear & Mach. Co. v Nixon Gear, 86 AD2d 746). Thompson, J. P., Balletta, Rosenblatt and Florio, JJ., concur.

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—In an action to recover damages for breach of contract, the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Wager, J.), dated May 21, 1992, as granted the branch of the third-party defendant’s motion which was to dismiss the first cause of action in the third-party complaint pursuant to CPLR 3211 (a) (7).

Ordered that the order is affirmed insofar as appealed from, with costs.

The first cause of action pleaded in the third-party complaint seeks recovery in quasi contract based on the doctrine of unjust enrichment. However, the record indicates that the purported quasi contract arises "out of the same subject matter” (Clark-Fitzpatrick, Inc. v Long Is. R. R. Co., 70 NY2d 382, 388) governed by an enforceable written contract between the same parties, dated September 1, 1988. Under these circumstances, the first cause of action in the third-party complaint was properly dismissed (see, Clark-Fitzpatrick, Inc. v Long Is. R. R. Co., supra; Radio Today v Westwood One, 684 [508]*508F Supp 68, 71-72; Chadirjian v Kanian, 123 AD2d 596; Nixon Gear & Mach. Co. v Nixon Gear, 86 AD2d 746). Thompson, J. P., Balletta, Rosenblatt and Florio, JJ., concur.

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Bluebook (online)

209 A.D.2d 507, 619 N.Y.S.2d 613, 1994 N.Y. App. Div. LEXIS 11264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/standardbred-owners-assn-v-yonkers-racing-corp-nyappdiv-1994.

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