Quantum Meruit and Account Stated Causes of Action Should Have Been Dismissed—Quantum Meruit is Not Available Where a Valid, Enforceable Written Contract Covers the Subject Matter—Account Stated Can Not Be Used to Collect Under a Disputed Contract

The Second Department determined, in a breach of contract action, the quantum meruit and account stated causes of action should have been dismissed. No action for quantum meruit lies when a contract covers the subject matter of the dispute. An “account stated’ cause of action can not be used as another means to collect under a disputed contract:

A party cannot recover under a theory of quantum meruit where a valid and enforceable written contract governs the subject matter involved in the dispute … . Moreover, “a claim for an account stated may not be utilized simply as another means to attempt to collect under a disputed contract” … .

Here, the defendant expressly agreed, in the written contract, to pay “as reasonable” for required “extra material and/or labor.” Therefore, the plaintiff’s remedy with respect to the additional labor and materials is not in quantum meruit or account stated, but to seek recovery in breach of contract pursuant to that provision … . Aquatic Pool & Spa Servs., Inc. v WN Weaver St., LLC, 2015 NY Slip Op 05137, 2nd Dept 6-17-15