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Longhi v. Lombard Risk Sys. Inc.

Unjust Enrichment, Quantum Meruit Claims Duplicate Surviving Contract Breach Claim

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OPINION & ORDER Plaintiff Luis Longhi (“Plaintiff”) brings the instant action against Defendant Lombard Risk Systems, Inc., a Vermeg Ltd Company (“Defendant”), asserting claims of breach of contract, unjust enrichment, quantum meruit, and age discrimination pursuant to the New York City Human Rights Law, (“NYCHRL”), N.Y.C. Admin. Code §§8-107. Before me is Defendant’s motion to dismiss Plaintiff’s claims of breach of contract, unjust enrichment, and quantum meruit, pursuant to Federal Rule of Civil Procedure 12(b)(6), and Plaintiff’s cross-motion for leave to file and serve a second amended complaint. Because claims of unjust enrichment and quantum meruit cannot survive when a valid contract governs the same subject matter, Defendant’s motion to dismiss those claims is GRANTED; however, Defendant’s motion to dismiss Plaintiff’s breach of contract claim is DENIED because the contractual language at issue is ambiguous. Because the claim Plaintiff seeks to add to his Complaint would survive a motion to dismiss, amendment would not be futile and Plaintiff’s motion for leave to amend is GRANTED. I. Background¹ Defendant Lombard is a corporation that provides regulatory reporting and collateral management solutions to the financial services industry. (Am. Compl. 4.) Defendant is owned by the Vermeg Company, and as of October 1, 2018, was doing business as Vermeg. (Id.

4, 9.) Defendant hired Plaintiff Longhi to be Executive Vice-President Sales-Americas pursuant to a November 28, 2017 employment agreement. (Id.

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