The motion before the court is defendant’s 12(b)(6) motion for dismissal for failure to state a claim upon which relief can be granted. There are nineteen counts outlined in the original complaint. Counts I-VI of the complaint are alleged against KLM Realty and Counts VII-XII of the complaint are alleged against Robert and Judith Maloney (Trustees) as trustees of KLM Realty.1 Counts I and VII allege negligence against KLM and Trustees respectively, for their failure to properly maintain in a safe, secure and functional manner, the structures or systems, including, but not limited to, the electrical and fire systems. Counts II and VIII allege breach of express contract by the respective defendants, for their failure to properly maintain in a safe, secure and functional manner, the structures and or systems, including, but not limited to, the electrical and fire systems, of the building in which it leased an office to plaintiffs insured. Counts III and IX allege that respective defendants breached an implied contract for their failure to properly maintain in a safe, secure and functional manner the structures and or systems, including but not limited to the electrical and fire systems, of the building in which it leased an office to plaintiffs insured. Counts IV and X allege that respective defendants breached express warranties for their failure to properly maintain in a safe, secure and functional manner the structures and or systems, including, but not limited to, the electrical and fire systems of the building in which it leased an office to plaintiffs insured. Counts V and XI allege that respective defendants breached implied warranties for their failure to properly maintain in a safe, secure and functional manner, the structures and or systems, including but not limited to the electrical and fire systems, of the building in which it leased an office to plaintiffs insured. Finally, Counts VI and XII seek damages under the theoiy of quantum meruit against respective defendants for money had and received from plaintiffs insured for their failure to properly maintain in a safe, secure and functional manner, the structures and or systems, including, but not limited to, the electrical and fire systems, of the building in which plaintiffs insured rented an office. The remaining counts of the complaint are against defendants not involved in the motion before the Court. 2.Contentions of the parties