PARAGON LEASING INC. v. MEZEI

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.