Kaminer v. Wexler, 40 A.D.3d 405, 836 N.Y.S.2d 139
In this case the plaintiff who allegedly introduced a real estate investor to a real estate developer, asserted claims against the investor, the developer and several of their respective entities based upon an alleged failure by the defendants to pay finder fees. Although there had been negotiations and draft agreements exchanged between the parties, no finder’s fee agreement had ever been executed. The plaintiff alleged that she was entitled to an equity interest in each of the real estate developments in which the investor and the developer participated together. The plaintiff asserted claims based upon breach of contract, fraud, tortious interference, quantum meruit, unjust enrichment, breach of the implied covenant of good faith, conversion, slander and the appointment of a receiver. The trial court dismissed all of plaintiff’s claims on a pre-answer motion to dismiss, finding that the plaintiff’s other claims could be sustained, as they were not independent of the barred contract claims. The Appellate Division affirmed and plaintiff’s repeated attempts to appeal to the Court of Appeals were unsuccessful.