On December 5, 2019, the First Department issued a decision in J.T. Magen & Co., Inc. v. Nissan N. Am., Inc., 2019 NY Slip Op. 08784, holding that a quantum meruit claim was barred by the existence of a contract covering the same subject matter even though the defendant did not sign the contract, explaining:... Read more »
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Posts Categorized: Quantum Meruit
Even Though Home Improvement Contract Was Unenforceable for Failure to Provide Required Notice, Plaintiff Still Could Recover Value of Work Performed
On February 8, 2019, the Fourth Department issued a decision in Weiss v. Zellar Homes, Ltd., 2019 NY Slip Op. 01024, holding that even though a home improvement contract was unenforceable, the defendant still could recover the reasonable value of the work it performed, explaining: We agree with plaintiffs on their appeal that Supreme Court erred... Read more »
Plaintiff Survives Summary Judgment on Quantum Meruit Claims Relating to Chinese Arena Football
On May 23, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in Yun Capital, LLC v. Judge, 2018 NY Slip Op. 31009(U), allowing quantum meruit claims relating to a Chinese arena football league to go forward to trial, explaining: Alternatively, plaintiff is entitled to proceed with its quantum meruit claim.... Read more »
Quantum Meruit Claim for Work Done Based on Promise of Contract Award in Future Upheld
On June 29, 2017, the First Department issued a decision in H. & L. Electric Inc. v. Midtown Equities LLC, 2017 NY Slip Op. 05323, allowing a quantum meruit claim based on work done based on an alleged promise of an award of a contract in the future, explaining: The motion court also correctly denied... Read more »
Property Owner Not Liable for General Contractor’s Breach of Contract
On April 8, 2015, the Second Department issued a decision in Sears Ready Mix, Ltd. v. Lighthouse Marina, Inc., 2015 NY Slip Op. 02955, affirming the dismissal of a claim against a property owner for a contractor’s breach of its contract with a subcontractor, explaining: A property owner who contracts with a general contractor does... Read more »
Unjust Enrichment Claim Survives When Defendants Allegedly Received Funds to Which Payor Had No Right
On September 11, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Trade Expo Inc. v. Sterling Bancorp, 2014 NY Slip Op. 32408(U), declining to dismiss unjust enrichment claims. In Trade Expo, the plaintiffs amended their complaint to assert “causes of action for unjust enrichment and the imposition of a constructive... Read more »
Contract and Quasi-Contract Claims Based On Oral Modification to Contract Survive Despite “No Oral Modification” Clause
On June 25, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Laquila Group, Inc. v. Hunt Construction Group, Inc., 2014 NY Slip Op. 51007(U), refusing to dismiss claims based on alleged oral modifications to a contract that prohibited oral modifications. The dispute in Laquila Group, related to construction work on the... Read more »
Quantum Meruit Claim Survives Even When Contract Claim Dismissed on Statute of Frauds Grounds
On March 18, 2014, the First Department issued a decision in Chapman, Spira & Carson, LLC v. Helix BioPharma Corp., 2014 NY Slip Op. 01685, finding that a breach of contract claim should have been dismissed on statute of frauds grounds but that a related quantum meruit claim survived. In Chapman, there was no signed writing,... Read more »
Unjust Enrichment Claim Viable Even Though Defendant Committed No Wrongful Act Against the Defendant
On February 26, 2014, the Second Department issued a decision in Alan B. Greenfield, M.D., P.C. v. Beach Imaging Holdings, LLC, 2014 NY Slip Op. 01285, reversing the dismissal of an unjust enrichment claim. In Greenfield, the trial court dismissed the plaintiff’s claim for unjust enrichment. The Second Department reversed, ruling that: The essential inquiry... Read more »
Quantum Meruit Claim Dismissed Where Defendant Benefited From, But Did Not Induce, Plaintiff’s Performance
On December 19, 2013, Justice Bransten of the New York County Commercial Division issued a decision in Von Lavrinoff v. Laufer, 2013 NY Slip Op. 33447(U), dismissing a quantum meruit claim against an entity that allegedly benefited from the plaintiff’s services but did not induce plaintiff’s performance. In Von Lavrinoff, the plaintiff alleged that he and... Read more »