BAUMBERGER CAPITAL v. CANAAN PARTNERS (1997)

Supreme Court, Appellate Division, First Department, New York.

BAUMBERGER CAPITAL, etc., Plaintiff-Appellant-Respondent, v. CANAAN PARTNERS, et al., Defendants-Respondents-Appellants.

Decided: January 09, 1997

Before MURPHY, P.J., and SULLIVAN, MILONAS, RUBIN and ANDRIAS, JJ.

Peter A. Jaffe, for plaintiff-appellant-respondent. Helen Marie Sweeney, for defendants-respondents-appellants.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered January 23, 1996, which dismissed all but the fourth and sixth causes of action in the complaint, unanimously modified, on the law, to dismiss the fourth and sixth causes of action and, as so modified, the order is affirmed, without costs. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Given the existence of the finder's agreement, dated October 14, 1994, which governs the relationship between the parties, plaintiff is precluded from seeking damages under the quasicontractual theories of quantum meruit and unjust enrichment (Clark-Fitzpatrick, Inc. v. Long Island R.R. Co., 70 N.Y.2d 382, 388-89, 521 N.Y.S.2d 653, 516 N.E.2d 190). We have considered plaintiff's arguments on its appeal and find them to be without merit.

MEMORANDUM DECISION.

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