Philadelphia Skyline

W&W Glass Systems v. Cohen Brothers Realty Corp. et al.

(Sup. Ct. N.Y. Cty. 12/12/03)

Defendant building owner and managing agent's motion to dismiss a complaint of a glass contractor granted. The cause of action for breach on contract against the building owner was dismissed because the plain language of the agreement between the parties conditioned payment to the glass contractor-plaintiff on its submission to building owner-defendant of certain documents, including written certification by an architect that the work had been completed, which the contractor never submitted. The cause of action for breach of contract against the managing agent was dismissed because the managing agent was not a party to the contract. The cause of action for unjust enrichment was dismissed because there was a valid contract between the parties, and the existence of a valid and enforceable agreement precludes quasi-contractual recovery. The fourth cause of action to recover under the lien law was dismissed because the notice in question failed to adequately describe the labor supplied pursuant to the agreements between the parties, and the notice also failed to correctly identify the agreed price and value of the labor performed.  Link to Full Text of Decision

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