In an April 7, 2009 decision, Justice Scheinkman partially granted defendants’ motion to dismiss a complaint arising out of a contract for concrete for a 520story skyscraper in New York City. The concrete contractor sued for damages on multiple bases, including breach of contract; quantum meruit; account stated rescission; and attorneys fees.
The Court partially granted the motion to dismiss because the claims either failed to state a cause of action or were contradicted by the documentary evidence (in this case the contract underlying the parties’ agreement).
The Court did not dismiss part of plaintiff’s account stated claim (which it allowed the plaintiff to replead in a more cogent manner). The Court also allowed the plaintiff the opportunity to replead a separate and distinct cause of action for rescission and a separate and distinct claim for quantum meruit (the viability of which would rest upon plaintiff’s success on his rescission claim).