Citation Codes Equivalent Citations citation codes Docket Number 3804, 3805. Attorney(S) Akabas Cohen, New York (Noah Shapiro of counsel), for appellant. Kalnick, Klee Green, New York (Allen Green of counsel), for respondents. Judges Peter Tom Angela M. Mazzarelli Richard T. Andrias See more information ... Smart Summary Please sign up to generate summary. PARAGON LEASING, INC., ETC., Plaintiff-Appellant, v. LEONARD MEZEI, ET AL., Defendants-Respondents. Plaintiff's unjust enrichment claim is precluded by its written contract with a nonparty governing its right to compensation for the very services that allegedly unjustly enriched defendants ( see Feigen v. Advance Capital Mgt. Corp., 150 A.D.2d 281, 283, lv dismissed, lv denied 74 N.Y.2d 874). As it is undisputed that the written contract with the nonparty is valid and enforceable, plaintiff's reliance on Seiden Assoc. v. ANC Holdings ( 754 F. Supp. 37) is misplaced ( see Affiliated Capital Servs. Corp. v. West Atl. City Assoc., 760 F. Supp. 1067, 1077). We note the pending arbitration proceeding that plaintiff has commenced against the nonparty. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.