Civetta Mechanical, LLC v AWL Industries, Inc.

Holding The court affirmed the denial of dismissal for breach of contract and implied covenant claims, finding sufficient allegations of mutual assent. However, it reversed the denial of dismissal for unjust enrichment, third-party beneficiary, and General Municipal Law § 101(5) claims, finding them legally insufficient.

The court’s words

accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory

2026 NY Slip Op 05271, at the official text

To establish the existence of an enforceable agreement, there must be an offer, acceptance of the offer, consideration, mutual assent, and an intent to be bound

2026 NY Slip Op 05271, at the official text

The plaintiff's conclusory allegation that it was an intended beneficiary of the prime contract was insufficient to state a cause of action

2026 NY Slip Op 05271, at the official text

the plaintiff has not pleaded facts sufficient to demonstrate that AWL was unjustly enriched at the plaintiff's expense

2026 NY Slip Op 05271, at the official text

the provisions of General Municipal Law § 101 are for the protection of taxpayers, not the benefit of contractors

2026 NY Slip Op 05271, at the official text