Justice Shirley Werner Kornreich
Defendants moved to dismiss the 13th cause of action in the amended complaint for unjust enrichment. Plaintiffs commenced a prior action against a similar group of defendants containing claims arising from allegations of theft and fraud relating to the sale of a condominium. The court noted at issue were allegations relating to the condo's sale. The court dismissed the prior action, and plaintiffs did not appeal, but filed this action alleging essentially identical facts and claims as the complaint in the first action. The court held res judicata barred this action and dismissed the case. The Appellate Division restored all of plaintiffs' claims except the one related to the condo. Defendants sought to dismiss the unjust enrichment claim arguing it was improperly duplicative of the breach of contract claim previously dismissed as barred by the statute of frauds. The court ruled a quasi-contract claim, duplicative of the breach of contract cause of action that was barred by the statute of frauds could not be maintained where a written contract governing the underlying transaction actually existed and the contract was partly performed. It concluded an unjust enrichment claim was not viable when it sought enforcement of an unenforceable contract, thus, dismissal was granted.
