Opinion
Submitted March 27, 2000.
May 17, 2000.
In an action to recover damages for unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Queens County (Berke, J.), dated March 4, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Steven L. Herrick, Mineola, N.Y., for appellant.
Penzer Sloan, New York, N.Y. (Carl R. Sloan of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff was not a good-faith purchaser for value of the subject property (see, Yen-Te Hsueh Chen v. Geranium Dev. Corp., 243 A.D.2d 708), and therefore was barred by the doctrine of unclean hands from recovering damages for unjust enrichment (see, Kleeger v. Kleeger, 261 A.D.2d 587). In addition, the existence of an enforceable written contract precluded recovery for unjust enrichment (see, Eagle Comtronics v. Pico Prods., 256 A.D.2d 1202). Moreover, there was no showing that the defendant obtained a benefit that in equity and good conscience he should not have obtained because it rightfully belonged to another (see, Bugarsky v. Marcantonio, 254 A.D.2d 384).
BRACKEN, J.P., SULLIVAN, ALTMAN and KRAUSMAN, JJ., concur.