52 New York opinions name it 9 courts 1864–2026 6 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 |
|---|---|---|
Randall's Island Aquatic Leisure, LLC v. City of New Yorkgreen2 sentences2024Aquatic Leisure, LLC v City of New York , 92 AD3d 463, 464 [1st Dept 2012] ["there can be no quasi-contract claim against a third-party non-signatory to a contract that covers the subject matter of the claim"]). 2014Aquatic Leisure, LLC v City of New York, 92 AD3d 463, 464 [1st Dept 2012], lv denied 19 NY3d 804 [2012] [“there can be no quasi-contract claim against a third-party non-signatory to a contract that covers the subject matter of the claim”]). | 8 | 8 |
Robinson v. Oz Master Fund, Ltd.green2 sentences2022The unjust enrichment claim was correctly dismissed on the additional ground that the subject matter of the claim is covered by the note ( see Robinson v OZ Master Fund, Ltd. , 139 AD3d 639, 639 [1st Dept 2016], lv denied 28 NY3d 904 [2016]). 2022The unjust enrichment claim was correctly dismissed on the additional ground that the subject matter of the claim is covered by the note ( see Robinson v OZ Master Fund, Ltd. , 139 AD3d 639, 639 [1st Dept 2016], lv denied 28 NY3d 904 [2016]). | 2 | 2 |
Feigen v. Advance Capital Management Corp.green2 sentences2014Corp., 150 AD2d 281, 283 [1st Dept 1989], lv dismissed in part, denied in part 74 NY2d 874 [1989]). 2014Corp., 150 AD2d 281, 283 [1st Dept 1989], lv dismissed in part, denied in part 74 NY2d 874 [1989]). | 2 | 2 |
Bellino Schwartz Padob Advertising, Inc. v. Solaris Marketing Group, Inc.green2 sentences2013Group, 222 AD2d 313 [1st Dept 1995] [existence of an express contract governing the subject matter of the plaintiffs claim bars quasi-contractual claims against third-party nonsignatory]; Feigen v Advance Capital Mgt. 2013Group, 222 AD2d 313 [1st Dept 1995] [existence of an express contract governing the subject matter of the plaintiffs claim bars quasi-contractual claims against third-party nonsignatory]; Feigen v Advance Capital Mgt. | 1 | 3 |
Ambac Assurance Corporation v. Countrywide Home Loans, Inc.green1 sentence2026Corp. v Countrywide Home Loans, Inc. , 27 NY3d 616, 624 [2016]). | 1 | 1 |
Wilmoth v. Sandorgreen1 sentence2016The unjust enrichment claim fails because the subject matter of the claim is governed by express contracts (Wilmoth v Sandor, 259 AD2d 252, 254 [1st Dept 1999]). | 1 | 1 |
Superior Officers Council Health & Welfare Fund v. Empire Healthchoice Assurance, Inc.green1 sentence2011Plaintiffs unjust enrichment claim against Wellington also fails, inasmuch as a valid and enforceable contract governs the subject matter of the claim (see Superior Officers Council Health & Welfare Fund v Empire HealthChoice Assur., Inc., 85 AD3d 680, 682 [2011]). | 1 | 1 |
Rush v. Morduegreen1 sentence1988While a proceeding in the nature of prohibition is the appropriate method of challenging subject matter jurisdiction (Matter of Steingut v Gold, 42 NY2d 311, 316 ; Matter of Dondi v Jones, 40 NY2d 8, 15 ; see, Matter of Rush v Mordue, 68 NY2d 348, 355 ), this petition is without merit and was, therefore, properly dismissed by the Appellate Division. | 1 | 1 |
Greenfield v. . People of the State of N.Y.green1 sentence1984Specifically with regard to the exception made for identifying a substance as blood, the court in the case of Greenfield v People ( 85 NY 75, 85 [1881]) stated that “in matters of common observation, where persons have special opportunity to learn from the nature of their avocations or otherwise, although not strictly experts, their conclusion as to a fact is admissible, the weight to be given to the evidence being governed by the circumstances, and by the experience and knowledge of the witness as to the subject matter of the inquiry.” This remains the rule today. | 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 |
|---|---|---|
Matter of Michael
green
2 sentences2014Aquatic Leisure, LLC v City of New York, 92 AD3d 463, 464 [1st Dept 2012], lv denied 19 NY3d 804 [2012] [“there can be no quasi-contract claim against a third-party non-signatory to a contract that covers the subject matter of the claim”]). 2014Aquatic Leisure, LLC v City of New York, 92 AD3d 463, 464 [1st Dept 2012], lv denied 19 NY3d 804 [2012] [“there can be no quasi-contract claim against a third-party non-signatory to a contract that covers the subject matter of the claim”]). | 7 | 2013–2022 |
People v. Mack
green
2 sentences2022The unjust enrichment claim was correctly dismissed on the additional ground that the subject matter of the claim is covered by the note ( see Robinson v OZ Master Fund, Ltd. , 139 AD3d 639, 639 [1st Dept 2016], lv denied 28 NY3d 904 [2016]). 2022The unjust enrichment claim was correctly dismissed on the additional ground that the subject matter of the claim is covered by the note ( see Robinson v OZ Master Fund, Ltd. , 139 AD3d 639, 639 [1st Dept 2016], lv denied 28 NY3d 904 [2016]). | 2 | 2022–2022 |
Feigen v. Advance Capital Management Corp.
green
2 sentences2014Corp., 150 AD2d 281, 283 [1st Dept 1989], lv dismissed in part, denied in part 74 NY2d 874 [1989]). 2014Corp., 150 AD2d 281, 283 [1st Dept 1989], lv dismissed in part, denied in part 74 NY2d 874 [1989]). | 2 | 2014–2014 |
Paragon Leasing, Inc. v. Mezei
green
2 sentences2013Aquatic Leisure, LLC v City of New York, 92 AD3d 463, 464 [1st Dept 2012], lv denied 19 NY3d 804 [2012] [“there can be no quasi-contract claim against a third-party non-signatory to a contract that covers the subject matter of the claim”]; Paragon Leasing, Inc. v Mezei, 8 AD3d 54 [1st Dept 2004] [quasi-contract claim precluded by the plaintiffs written contract with a nonparty governing its right to compensation for the services that allegedly unjustly enriched the defendants]; Bellino Schwartz Padob Adv. v Solaris Mktg. 2013Aquatic Leisure, LLC v City of New York, 92 AD3d 463, 464 [1st Dept 2012], lv denied 19 NY3d 804 [2012] [“there can be no quasi-contract claim against a third-party non-signatory to a contract that covers the subject matter of the claim”]; Paragon Leasing, Inc. v Mezei, 8 AD3d 54 [1st Dept 2004] [quasi-contract claim precluded by the plaintiffs written contract with a nonparty governing its right to compensation for the services that allegedly unjustly enriched the defendants]; Bellino Schwartz Padob Adv. v Solaris Mktg. | 2 | 2013–2013 |
In re Thompson
neutral
2 sentences1933(Matter of Thompson, 85 Hun, 438, 443 ; City of Syracuse v. Stacey, No. 1, 45 App. Div. 249, 259 ; Matter of Staten Island Rapid Transit Co., 47 Hun, 396 ; Harlem River & Portchester R. 1909(Matter of Thompson, 85 Hun, 438, 443 ; City of Syracuse v. Stacey, No. 1, 45 App. Div. 249 , 259 ; Matter of Staten Island Rapid Transit Co., 47 Hun, 396 ; Harlem River & Portchester R. | 2 | 1909–1933 |
City of Syracuse v. Stacey
green
2 sentences1933(Matter of Thompson, 85 Hun, 438, 443 ; City of Syracuse v. Stacey, No. 1, 45 App. Div. 249, 259 ; Matter of Staten Island Rapid Transit Co., 47 Hun, 396 ; Harlem River & Portchester R. 1909(Matter of Thompson, 85 Hun, 438, 443 ; City of Syracuse v. Stacey, No. 1, 45 App. Div. 249 , 259 ; Matter of Staten Island Rapid Transit Co., 47 Hun, 396 ; Harlem River & Portchester R. | 2 | 1909–1933 |
People v. Gillette
green
2 sentences1919The indictment in People v. Gillette ( 126 App. Div. 665 ) alleged that the subject-matter under inquiry was “whether officers or employees of any description of fife insurance companies in this State have lately violated in the County of New York the criminal laws of the State.” In the case under consideration the indictment states that the investigation was not whether any criminal law had been broken, but whether one specific statute had been violated. 1909Two justices of the Appellate Division in this department were of opinion, in the case of People v. Gillette, 126 App. Div. 665 , that the indictment there under consideration, charging perjury, was bad for what they deemed an insufficient description of the subject-matter with respect to which the alleged false answers were said to have been given. | 2 | 1909–1919 |
Plaza Equities, LLC v. Lamberti
green
1 sentence2021In addition, since Farro identified a valid and enforceable written contract (i.e., the December 2011 amended loan agreement) governing the subject matter of this claim, a cause of action alleging unjust enrichment is precluded ( see Port Auth. of N.Y. & N.J. v Brooklyn Union Gas Co. , 179 AD3d 1106, 1108 ; Jaybar Realty Corp. v Armato , 175 AD3d 1391 , 1393). | 1 | 2021–2021 |
In re Leich
neutral
1 sentence2010Similarly in Matter of Leich ( 31 Misc 671 [1900]), a trial court upheld the constitutionality of section 1534, finding that the immunity conferred was adequate, and ordered public officials to testify. | 1 | 2010–2010 |
Levin v. Murawski
green
1 sentence2008(Matter of Levin v Murawski, 59 NY2d 35 [1983].) IFCO and Reverend Walker raise legal objections that they believe not only justify their failure to comply with the subpoenas, but warrant quashing them and dismissing the petitions. | 1 | 2008–2008 |
In re the Estate of Schwartz
green
1 sentence1994Corp., 35 NY2d 113, 117-118 ; Matter of Schwartz, 130 Misc 2d 786 ; see also, Public Officers Law § 87 [2] [g]; O’Shaughnessy v New York State Div. of State Police, 202 AD2d 508 ; Matter of Rome Sentinel Co. v City of Rome, 174 AD2d 1005, 1006 ; Matter of Town of Oyster Bay v Williams, 134 AD2d 267 ). | 1 | 1994–1994 |
Town of Oyster Bay v. Williams
neutral
1 sentence1994Corp., 35 NY2d 113, 117-118 ; Matter of Schwartz, 130 Misc 2d 786 ; see also, Public Officers Law § 87 [2] [g]; O’Shaughnessy v New York State Div. of State Police, 202 AD2d 508 ; Matter of Rome Sentinel Co. v City of Rome, 174 AD2d 1005, 1006 ; Matter of Town of Oyster Bay v Williams, 134 AD2d 267 ). | 1 | 1994–1994 |
Town of German Flats v. Aetna Casualty & Surety Co.
green
1 sentence1994Corp., 35 NY2d 113, 117-118 ; Matter of Schwartz, 130 Misc 2d 786 ; see also, Public Officers Law § 87 [2] [g]; O’Shaughnessy v New York State Div. of State Police, 202 AD2d 508 ; Matter of Rome Sentinel Co. v City of Rome, 174 AD2d 1005, 1006 ; Matter of Town of Oyster Bay v Williams, 134 AD2d 267 ). | 1 | 1994–1994 |
O'Shaughnessy v. New York State Division of State Police
green
1 sentence1994Corp., 35 NY2d 113, 117-118 ; Matter of Schwartz, 130 Misc 2d 786 ; see also, Public Officers Law § 87 [2] [g]; O’Shaughnessy v New York State Div. of State Police, 202 AD2d 508 ; Matter of Rome Sentinel Co. v City of Rome, 174 AD2d 1005, 1006 ; Matter of Town of Oyster Bay v Williams, 134 AD2d 267 ). | 1 | 1994–1994 |
Cirale v. 80 Pine Street Corp.
green
1 sentence1994Corp., 35 NY2d 113, 117-118 ; Matter of Schwartz, 130 Misc 2d 786 ; see also, Public Officers Law § 87 [2] [g]; O’Shaughnessy v New York State Div. of State Police, 202 AD2d 508 ; Matter of Rome Sentinel Co. v City of Rome, 174 AD2d 1005, 1006 ; Matter of Town of Oyster Bay v Williams, 134 AD2d 267 ). | 1 | 1994–1994 |
People v. Bing
green
1 sentence1991(Illinois v Perkins, 496 US 292 , supra; People v Bing, 76 NY2d 331 [1990].) The Miranda Waiver was Constitutional The defendant’s claim that his Miranda waiver was rendered ineffective because he was not informed of the precise area of questioning has no merit. | 1 | 1991–1991 |
Cavaioli v. Board of Trustees of the State University
green
1 sentence1991Supreme Court obtained jurisdiction over the parties and the subject matter of the claim; thus, this Court may exercise its discretion under CPLR 103 (c) and convert the proceeding to an action (see, Cavaioli v Board of Trustees, 116 AD2d 689 ; Matter of Adams v New York State Civ. | 1 | 1991–1991 |
Illinois v. Perkins
green
1 sentence1991(Illinois v Perkins, 496 US 292 , supra; People v Bing, 76 NY2d 331 [1990].) The Miranda Waiver was Constitutional The defendant’s claim that his Miranda waiver was rendered ineffective because he was not informed of the precise area of questioning has no merit. | 1 | 1991–1991 |
Steingut v. Gold
green
1 sentence1988While a proceeding in the nature of prohibition is the appropriate method of challenging subject matter jurisdiction (Matter of Steingut v Gold, 42 NY2d 311, 316 ; Matter of Dondi v Jones, 40 NY2d 8, 15 ; see, Matter of Rush v Mordue, 68 NY2d 348, 355 ), this petition is without merit and was, therefore, properly dismissed by the Appellate Division. | 1 | 1988–1988 |
Dondi v. Jones
green
1 sentence1988While a proceeding in the nature of prohibition is the appropriate method of challenging subject matter jurisdiction (Matter of Steingut v Gold, 42 NY2d 311, 316 ; Matter of Dondi v Jones, 40 NY2d 8, 15 ; see, Matter of Rush v Mordue, 68 NY2d 348, 355 ), this petition is without merit and was, therefore, properly dismissed by the Appellate Division. | 1 | 1988–1988 |
Hirschorn v. Attorney-General
neutral
1 sentence1987Petitioner’s 1st Amendment rights to decline to enroll in certain plans involving their profession do not extend to group boycotts (see, Matter of Hirschorn v Attorney-General of State of N. Y., 93 Misc 2d 275, 277 , affd 63 AD2d 865 ). | 1 | 1987–1987 |
| Clifton Springs Hospital & Clinic v. Chapman neutral | 1 | 1980–1980 |
| Ansorge v. Kane green | 1 | 1977–1977 |
| In re the Estate of Phillips neutral | 1 | 1977–1977 |
| Miller v. . Schloss green | 1 | 1977–1977 |
| Malloy v. Hogan green | 1 | 1965–1965 |
| Guariglia v. De Furio neutral | 1 | 1964–1964 |
| French v. Pospisil neutral | 1 | 1964–1964 |
| People v. Whitley neutral | 1 | 1964–1964 |
| Janowsky v. Parsons green | 1 | 1964–1964 |
| Colson v. Allen neutral | 1 | 1964–1964 |
| Johnson v. Parsons neutral | 1 | 1964–1964 |
| Matter of Baird v. New York Central R.R. Co. green | 1 | 1960–1960 |
| People v. . Sharp green | 1 | 1960–1960 |
| In re the Estate of Crosby neutral | 1 | 1959–1959 |
| Matter of Lyon green | 1 | 1959–1959 |
| In re the Estate of Kevill green | 1 | 1956–1956 |
| Lewis v. Ocean Accident & Guarantee Corp. neutral | 1 | 1956–1956 |
| United States v. Morton Salt Co. green | 1 | 1954–1954 |
| Shotkin v. Nelson green | 1 | 1954–1954 |
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.