Morales v. GRAND CRU ASSOCIATES

• Decision Date: 27 May 2003
• Citation: Morales v. GRAND CRU ASSOCIATES, 305 A.D.2d 647, 759 N.Y.S.2d 890 (N.Y. App. Div. 2003)
• Parties: PETER A. MORALES et al., Appellants,<BR>v.<BR>GRAND CRU ASSOCIATES et al., Respondents.
• Court: New York Supreme Court — Appellate Division

305 A.D.2d 647

759 N.Y.S.2d 890

PETER A. MORALES et al., Appellants,

v.GRAND CRU ASSOCIATES et al., Respondents.

Decided May 27, 2003.

Florio, J.P., Feuerstein, Friedmann and Crane, JJ., concur.

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

The defendants demonstrated their prima facie entitlement to summary judgment on the causes of action to recover damages based on quantum meruit and for unjust enrichment by submitting evidence that the parties entered into a written agreement that defined their relationship. In opposition, the plaintiffs submitted only conclusory and unsubstantiated allegations that a separate oral agreement existed between the parties. This was insufficient to defeat that branch of the defendants' motion which was for summary judgment on these two causes of action (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). The existence of an express agreement, whether oral or written, governing a particular subject matter precludes recovery in quasi contract for events arising out of the same subject matter (see ...