Posts Categorized: Quantum Meruit

Posted: October 5, 2020

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 »

Posted: December 13, 2019

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 »

Posted: February 18, 2019

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 »

Posted: June 3, 2018

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 »

Posted: September 28, 2016

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 »

Posted: October 2, 2014

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 »

Posted: July 1, 2014

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 »