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14 New York opinions name it 4 courts 1984–2026 8 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Clark-Fitzpatrick, Inc. v. Long Island Rail Roadgreen2 sentences2023But a quasi-contractual claim "only applies in the absence of an express agreement, and it is not really a contract at all, but rather a legal obligation imposed to prevent a party's unjust enrichment" ( Clark-Fitzpatrick , 70 NY2d at 388). "[A] quasi-contractual obligation is one imposed by law where there has been no agreement or expression of assent, by word or act, on the part of either party involved . 2023But a quasi-contractual claim "only applies in the absence of an express agreement, and it is not really a contract at all, but rather a legal obligation imposed to prevent a party's unjust enrichment" ( Clark-Fitzpatrick , 70 NY2d at 388 ). "[A] quasi-contractual obligation is one imposed by law where there has been no agreement or expression of assent, by word or act, on the part of either party involved . | 2 | 2 |
People v. Arroyogreen2 sentences2023Co. II LLC v Shanahan , 49 AD3d 403, 405 [1st Dept 2008]). 2023Co. II LLC v Shanahan , 49 AD3d 403, 405 [1st Dept 2008]). | 2 | 2 |
Kaminsky v. Herrickgreen2 sentences2014The cause of action based upon Judiciary Law § 487 was properly dismissed since relief under this statute is not lightly given and the conduct alleged does not establish the existence of a chronic and/or extreme pattern of legal delinquency which caused damages (see Kaminsky v Herrick, Feinstein LLP, 59 AD3d 1, 13 [1st Dept 2008], lv denied 12 NY3d 715 [2009]; Nason v Fisher, 36 AD3d 486, 487 [1st Dept 2007]). 2014The cause of action based upon Judiciary Law § 487 was properly dismissed since relief under this statute is not lightly given and the conduct alleged does not establish the existence of a chronic and/or extreme pattern of legal delinquency which caused damages (see Kaminsky v Herrick, Feinstein LLP, 59 AD3d 1, 13 [1st Dept 2008], lv denied 12 NY3d 715 [2009]; Nason v Fisher, 36 AD3d 486, 487 [1st Dept 2007]). | 2 | 2 |
Nason v. Fishergreen2 sentences2014The cause of action based upon Judiciary Law § 487 was properly dismissed since relief under this statute is not lightly given and the conduct alleged does not establish the existence of a chronic and/or extreme pattern of legal delinquency which caused damages (see Kaminsky v Herrick, Feinstein LLP, 59 AD3d 1, 13 [1st Dept 2008], lv denied 12 NY3d 715 [2009]; Nason v Fisher, 36 AD3d 486, 487 [1st Dept 2007]). 2014The cause of action based upon Judiciary Law § 487 was properly dismissed since relief under this statute is not lightly given and the conduct alleged does not establish the existence of a chronic and/or extreme pattern of legal delinquency which caused damages (see Kaminsky v Herrick, Feinstein LLP, 59 AD3d 1, 13 [1st Dept 2008], lv denied 12 NY3d 715 [2009]; Nason v Fisher, 36 AD3d 486, 487 [1st Dept 2007]). | 2 | 2 |
Wilmoth v. Sandorgreen2 sentences2014However, we find that, as a dispute exists as to the application of the retainer agreement as to defendant, plaintiffs need not elect their remedies and may pursue a quasi-contractual claim for unjust enrichment, as an alternative claim (see Wilmoth v Sandor, 259 AD2d 252, 254 [1st Dept 1999]). 2014However, we find that, as a dispute exists as to the application of the retainer agreement as to defendant, plaintiffs need not elect their remedies and may pursue a quasi-contractual claim for unjust enrichment, as an alternative claim (see Wilmoth v Sandor, 259 AD2d 252, 254 [1st Dept 1999]). | 2 | 2 |
IDT Corp. v. Morgan Stanley Dean Witter & Co.green2 sentences2026Unjust enrichment, a quasi-contractual claim, "is an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties concerned" ( IDT Corp. v Morgan Stanley Dean Witter & Co. , 12 NY3d 132, 142 , rearg denied 12 NY3d 889 ). 2011Plaintiffs also fail to state a cause of action for unjust enrichment, a quasi-contractual claim based on the principle that a person should not be allowed to enrich himself or herself at the expense of another (see IDT Corp. v Morgan Stanley Dean Witter & Co., 12 NY3d 132, 142 [2009]). | 1 | 2 |
Chowaiki & Co. Fine Art Ltd. v. Lachergreen2 sentences2025While Baker Botts asserts that this claim should be dismissed as duplicative of the dismissed legal malpractice claim ( see Ullmann-Schneider v Lacher & Lovell-Taylor, P.C. , 121 AD3d 415, 416 [1st Dept 2014]), absent the written retainer agreement, which was not included in the record on appeal, a defense as to the scope of its representation cannot conclusively be established ( see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc. , 10 AD3d 267, 270-271 [1st Dept 2004]). "[A]s a dispute exists as to the application of the retainer agreement as to defendant, plaintiffs need 2025While Baker Botts asserts that this claim should be dismissed as duplicative of the dismissed legal malpractice claim ( see Ullmann-Schneider v Lacher & Lovell-Taylor, P.C. , 121 AD3d 415, 416 [1st Dept 2014]), absent the written retainer agreement, which was not included in the record on appeal, a defense as to the scope of its representation cannot conclusively be established ( see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc. , 10 AD3d 267, 270-271 [1st Dept 2004]). "[A]s a dispute exists as to the application of the retainer agreement as to defendant, plaintiffs need | 1 | 1 |
Weil, Gotshal & Manges, LLP v. Fashion Boutique of Short Hills, Inc.green2 sentences2025While Baker Botts asserts that this claim should be dismissed as duplicative of the dismissed legal malpractice claim ( see Ullmann-Schneider v Lacher & Lovell-Taylor, P.C. , 121 AD3d 415, 416 [1st Dept 2014]), absent the written retainer agreement, which was not included in the record on appeal, a defense as to the scope of its representation cannot conclusively be established ( see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc. , 10 AD3d 267, 270-271 [1st Dept 2004]). "[A]s a dispute exists as to the application of the retainer agreement as to defendant, plaintiffs need 2025While Baker Botts asserts that this claim should be dismissed as duplicative of the dismissed legal malpractice claim ( see Ullmann-Schneider v Lacher & Lovell-Taylor, P.C. , 121 AD3d 415, 416 [1st Dept 2014]), absent the written retainer agreement, which was not included in the record on appeal, a defense as to the scope of its representation cannot conclusively be established ( see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc. , 10 AD3d 267, 270-271 [1st Dept 2004]). "[A]s a dispute exists as to the application of the retainer agreement as to defendant, plaintiffs need | 1 | 1 |
Ullmann-Schneider v. Lacher & Lovell-Taylor, P.C.green2 sentences2025While Baker Botts asserts that this claim should be dismissed as duplicative of the dismissed legal malpractice claim ( see Ullmann-Schneider v Lacher & Lovell-Taylor, P.C. , 121 AD3d 415, 416 [1st Dept 2014]), absent the written retainer agreement, which was not included in the record on appeal, a defense as to the scope of its representation cannot conclusively be established ( see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc. , 10 AD3d 267, 270-271 [1st Dept 2004]). "[A]s a dispute exists as to the application of the retainer agreement as to defendant, plaintiffs need 2025While Baker Botts asserts that this claim should be dismissed as duplicative of the dismissed legal malpractice claim ( see Ullmann-Schneider v Lacher & Lovell-Taylor, P.C. , 121 AD3d 415, 416 [1st Dept 2014]), absent the written retainer agreement, which was not included in the record on appeal, a defense as to the scope of its representation cannot conclusively be established ( see Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc. , 10 AD3d 267, 270-271 [1st Dept 2004]). "[A]s a dispute exists as to the application of the retainer agreement as to defendant, plaintiffs need | 1 | 1 |
Leon v. Martinezgreen2 sentences2023LEGAL STANDARD On a motion to dismiss pursuant to CPLR 3211, "the pleading is to be afforded a liberal construction" and the court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v. Martinez , 84 NY2d 83, 87-88 [1994]). 2023LEGAL STANDARD On a motion to dismiss pursuant to CPLR 3211, "the pleading is to be afforded a liberal construction" and the court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" ( Leon v. Martinez , 84 NY2d 83, 87-88 [1994]). | 1 | 1 |
Bradkin v. Levertongreen1 sentence2023The law creates it . . . to assure a just and equitable result" ( Bradkin v Leverton , 26 NY2d 192, 196 [1970]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kaminsky v. HERRICK, FEINSTEIN LLP
green
2 sentences2014The cause of action based upon Judiciary Law § 487 was properly dismissed since relief under this statute is not lightly given and the conduct alleged does not establish the existence of a chronic and/or extreme pattern of legal delinquency which caused damages (see Kaminsky v Herrick, Feinstein LLP, 59 AD3d 1, 13 [1st Dept 2008], lv denied 12 NY3d 715 [2009]; Nason v Fisher, 36 AD3d 486, 487 [1st Dept 2007]). 2014The cause of action based upon Judiciary Law § 487 was properly dismissed since relief under this statute is not lightly given and the conduct alleged does not establish the existence of a chronic and/or extreme pattern of legal delinquency which caused damages (see Kaminsky v Herrick, Feinstein LLP, 59 AD3d 1, 13 [1st Dept 2008], lv denied 12 NY3d 715 [2009]; Nason v Fisher, 36 AD3d 486, 487 [1st Dept 2007]). | 2 | 2014–2014 |
Vescon Construction, Inc. v. Gerelli Insurance Agency, Inc.
neutral
2 sentences2014Agency, Inc., 97 AD3d 658 [2012]; Shovak v Long Is. 2014Agency, Inc., 97 AD3d 658 [2012]; Shovak v Long Is. | 2 | 2014–2014 |
Woss, LLC v. 218 Eckford, LLC
green
2 sentences2014A cause of action alleging unjust enrichment is a quasi-contractual claim that is not viable where, as here, the parties entered into an express contract governing the subject of dispute which, here, involves the execution of a mortgage on the 17th Avenue property (see Woss, LLC v 218 Eckford, LLC, 102 AD3d 860 [2013]; Vescon Constr., Inc. v Gerelli Ins. 2014A cause of action alleging unjust enrichment is a quasi-contractual claim that is not viable where, as here, the parties entered into an express contract governing the subject of dispute which, here, involves the execution of a mortgage on the 17th Avenue property (see Woss, LLC v 218 Eckford, LLC, 102 AD3d 860 [2013]; Vescon Constr., Inc. v Gerelli Ins. | 2 | 2014–2014 |
People v. Carr
green
1 sentence2026Unjust enrichment, a quasi-contractual claim, "is an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties concerned" ( IDT Corp. v Morgan Stanley Dean Witter & Co. , 12 NY3d 132, 142 , rearg denied 12 NY3d 889 ). | 1 | 2026–2026 |
Crocker Commercial Services, Inc. v. Davan Enterprises, Inc.
green
1 sentence1984Realty, 88 AD2d 877 , affd 57 NY2d 1038 .) Nor does it appear even inferentially that defendants have breached any implied or constructive duty to plaintiffs, and no basis for a quasi-contractual claim is thus presented. | 1 | 1984–1984 |
Tribune Printing Co., Inc. v. 263 Ninth Ave. Realty, Inc.
green
1 sentence1984Realty, 88 AD2d 877 , affd 57 NY2d 1038 .) Nor does it appear even inferentially that defendants have breached any implied or constructive duty to plaintiffs, and no basis for a quasi-contractual claim is thus presented. | 1 | 1984–1984 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.