On October 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Karen’s Shipping, LLC v. West Side Foods, Inc., 2020 NY Slip Op. 33268(U), holding that the statute of frauds does not bar quantum meruit claims, explaining: The court neither overlooked nor misapprehended the relevant facts or law. As... Read more »
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Posts Categorized: Quantum Meruit
Contract Made With A Municipality That Does Not Comply With Law is Unenforceable, Even Under a Quantum Meruit Theory
On September 22, 2020, Justice Walsh of the Westchester County Commercial Division issued a decision in Universal Eng’g Servs., P.C. v. Industrial Dev. Agency of Mount Vernon, N.Y., 2020 NY Slip Op. 51066(U), holding that a contract made with a municipality that does not comply with law is unenforceable, even under a quantum meruit theory,... Read more »
Quantum Meruit Claim Barred by Contract Covering Same Subject Matter Even Though Defendant Was Not Signatory
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 »
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 »
Work Other than Negotiating Business Opportunity Not Barred by Statute of Frauds
On September 22, 2016, the First Department issued a decision in Dorfman v. Reffkin, 2016 NY Slip Op. 06116, holding that work relating to a business opportunity, other than work associated with negotiating that opportunity, is not covered by the statute of frauds, explaining: The statute of frauds is codified in General Obligations Law §... 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 »
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