H. & L. ELECTRIC INC., Plaintiff-res-ap, v. MIDTOWN EQUITIES LLC def, 55 WATER LLC Defendants- Appellants-res

4392-4393. H. & L. ELECTRIC INC., Plaintiff-res-ap, v. MIDTOWN EQUITIES LLC def, 55 WATER LLC Defendants- Appellants-res — Sive, Paget & Riesel, P.C., New York (John-Patrick Curran of counsel), for 55 Water LLC, appellant- res — EDWARD B. SAFRAN, NEW YORK, FOR MILAGROS AND ASSOCIATES LLC, H & H Builders, Inc. and Steven Wilkowski, appellants-res — Aury Bennett Stollow, P.C., New York (Aury B. Stollow of counsel), for res-res — Order, Supreme Court, New York County (Eileen Bransten, J.), entered September 29, 2016, which, insofar as appealed from as limited by the briefs, granted the motion of defendants Midtown Equities LLC, HK Organization LLC, Rockwood Capital, LLC (collectively the Midtown defendants) and 55 Water LLC (55 Water) to dismiss the fraud claim as based on a nonactionable statement of future intent, but denied dismissal of the unjust enrichment, quantum meruit, and promissory estoppel claims as to 55 Water; and order, same court, Justice, and date of entry, which, insofar as appealed from, granted the motion of defendants Milagros and Associates LLC, H&H Builders, Inc., and Steven Wilkowski (the Wilkowski defendants) to dismiss the fraud claim, denied their motion to dismiss the unjust enrichment, quantum meruit, and promissory estoppel claims, and denied plaintiff's cross motion for leave to amend the complaint to add Harco Construction, LLC as a defendant to the fraud claim, unanimously affirmed, without costs.

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4392-4393. H. & L. ELECTRIC INC., Plaintiff-res-ap, v. MIDTOWN EQUITIES LLC def, 55 WATER LLC Defendants- Appellants-res — Sive, Paget & Riesel, P.C., New York (John-Patrick Curran of counsel), for 55 Water LLC, appellant- res — EDWARD B. SAFRAN, NEW YORK, FOR MILAGROS AND ASSOCIATES LLC, H & H Builders, Inc. and Steven Wilkowski, appellants-res — Aury Bennett Stollow, P.C., New York (Aury B. Stollow of counsel), for res-res — Order, Supreme Court, New York County (Eileen Bransten, J.), entered September 29, 2016, which, insofar as appealed from as limited by the briefs, granted the motion of defendants Midtown Equities LLC, HK Organization LLC, Rockwood Capital, LLC (collectively the Midtown defendants) and 55 Water LLC (55 Water) to dismiss the fraud claim as based on a nonactionable statement of future intent, but denied dismissal of the unjust enrichment, quantum meruit, and promissory estoppel claims as to 55 Water; and order, same court, Justice, and date of entry, which, insofar as appealed from, granted the motion of defendants Milagros and Associates LLC, H&H Builders, Inc., and Steven Wilkowski (the Wilkowski defendants) to dismiss the fraud claim, denied their motion to dismiss the unjust enrichment, quantum meruit, and promissory estoppel claims, and denied plaintiff’s cross motion for leave to amend the complaint to add Harco Construction, LLC as a defendant to the fraud claim, unanimously affirmed, without costs.

Plaintiff is an electrical company that bid for work on the restoration and redevelopment of several historic warehouses in Brooklyn. 55 Water is the developer of the project. The Midtown defendants are also alleged to be project developers. The Wilkowski defendants are affiliated with the firm retained by 55 Water as construction manager.

H. & L. ELECTRIC INC., Plaintiff-res-ap, v. MIDTOWN EQUITIES LLC def, 55 WATER LLC Defendants- Appellants-res

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