52 New York opinions name it 8 courts 1931–2026 16 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Moors v. Hallgreen2 sentences2024Quantum Meruit Generally, under the doctrine of quantum meruit, "the performance and acceptance of services gives rise to the inference of an implied contract to pay for the reasonable value of such services" (see Moors v Hall, 143 AD2d 336, 338 [2nd Dept. 1988]). 2024Quantum Meruit Generally, under the doctrine of quantum meruit, "the performance and acceptance of services gives rise to the inference of an implied contract to pay for the reasonable value of such services" (see Moors v Hall, 143 AD2d 336, 338 [2nd Dept. 1988]). | 4 | 4 |
Moses v. Savedoffgreen2 sentences2024Supreme Court also properly found triable issues of fact precluding summary judgment on the quantum meruit claim, based on plaintiff's performance of work for the law firms after the undisputed date Napoli terminated plaintiff's employment and there was no longer a "valid contract" in force ( see Moses v Savedoff , 96 AD3d 466, 470-471 [1st Dept 2012]). 2012Order, Supreme Court, New York County (Jane S. Solomon, J.), entered October 17, 2011, which, insofar as appealed from, granted defendants’ motion for summary judgment dismissing the quantum meruit claim, unanimously reversed, on the law, without costs, and the motion denied. “[T]o establish a claim in quantum meruit, a claimant must establish (1) the performance of services in good faith, (2) the acceptance of the services by the person to whom they are rendered, (3) an expectation of compensation therefor, and (4) the reasonable value of the services” (Moses v Savedoff, 96 AD3d 466, 471 [1st | 3 | 5 |
Freedman v. Pearlmangreen2 sentences2017Additionally, the court properly dismissed the unjust enrichment claim as it failed to explain why the benefit retained by the Douglas Elliman defendants was unjust (see Sperry v Crompton Corp., 8 NY3d 204, 215 [2007]), and the quantum meruit claim as it did not establish the reasonable value of the services plaintiff provided to said defendants (see Freedman v Pearlman, 271 AD2d 301, 304 [1st Dept 2000]). 2011In order to establish a quantum meruit claim, plaintiff must show “the performance of services in good faith, acceptance of the services by the person to whom they are rendered, an expectation of compensation therefor, and the reasonable value of the services” (Freedman v Pearlman, 271 AD2d 301, 304 [2000]). | 3 | 3 |
F & M General Contracting v. Oncelgreen2 sentences2025Contr. v Oncel , 132 AD3d 946, 948). 2025Contr. v Oncel , 132 AD3d 946, 948). | 2 | 3 |
Georgia Malone & Co. v. Riedergreen2 sentences2024As to plaintiff's unjust enrichment claim, even assuming the court should not have sua sponte converted the unjust enrichment claim to a quantum meruit claim and then dismissed it for failure to prove an element of quantum meruit, the error was harmless; plaintiff would not have prevailed on an unjust enrichment claim because an actual agreement between the parties existed (see Georgia Malone & Co., Inc. v Rieder, 19 NY3d 511, 516 [2012]). 2024As to plaintiff's unjust enrichment claim, even assuming the court should not have sua sponte converted the unjust enrichment claim to a quantum meruit claim and then dismissed it for failure to prove an element of quantum meruit, the error was harmless; plaintiff would not have prevailed on an unjust enrichment claim because an actual agreement between the parties existed (see Georgia Malone & Co., Inc. v Rieder, 19 NY3d 511, 516 [2012]). | 2 | 2 |
Unisys Corp. v. Hercules Inc.green2 sentences2013While a party is permitted to plead inconsistent theories of recovery (CPLR 3014), it must elect among inconsistent positions upon seeking expedited disposition (see Unisys Corp. v Hercules Inc., 224 AD2d 365, 367 [1st Dept 1996]). 2013While a party is permitted to plead inconsistent theories of recovery (CPLR 3014), it must elect among inconsistent positions upon seeking expedited disposition (see Unisys Corp. v Hercules Inc., 224 AD2d 365, 367 [1st Dept 1996]). | 2 | 2 |
Haythe & Curley v. Harkinsgreen2 sentences2012Under the circumstances, reinstatement of the quantum meruit claim is warranted since the record reflects a triable issue of fact as to whether, in the absence of a contract, plaintiff is entitled to unpaid incentive compensation (see Haythe & Curley v Harkins, 214 AD2d 361, 362 [1st Dept 1995]). 2012Under the circumstances, reinstatement of the quantum meruit claim is warranted since the record reflects a triable issue of fact as to whether, in the absence of a contract, plaintiff is entitled to unpaid incentive compensation (see Haythe & Curley v Harkins, 214 AD2d 361, 362 [1st Dept 1995]). | 2 | 2 |
Balestriere PLLC v. BanxCorpgreen2 sentences2018Plaintiff adequately pleaded a quantum meruit claim ( see Balestriere PLLC v BanxCorp. , 96 AD3d 497, 498 [1st Dept 2012]). 2016However, material issues of fact exist with respect to whether plaintiff is entitled to some further compensation for the work he completed before his termination and for which he did not receive a share of the commission or any direct compensation at all (see Balestriere PLLC v BanxCorp, 96 AD3d 497 , 498 [1st Dept 2012]). | 1 | 3 |
Clark-Fitzpatrick, Inc. v. Long Island Rail Roadgreen2 sentences2025Co., 70 NY2d 382 [1987]; Ellis v Abbey & Ellis, 294 AD2d 168 [1st Dept. 2002]; Cooper, Bamundo, Hecht & Longworth, LLP v Kuczinski, 14 AD3d 644 [2d Dept. 2005]). 2009Co., 70 NY2d 382, 388 [1987]; Corcoran v GATX Corp., 49 AD3d 1174, 1175 [2008], lv dismissed 10 NY3d 909 [2008]), the quantum meruit claim in this case may proceed inasmuch as “there is a bona fide dispute” whether the additional work was outside the scope of the Settlement Agreement (Fisher v A.W. | 1 | 2 |
Goshen v. Mutual Life Insurancegreen2 sentences2026Again, the documentary evidence submitted by WBC does not "utterly refute" plaintiff's allegations regarding the quantum meruit claim ( Goshen , 98 NY2d at 326 ). 2026Again, the documentary evidence submitted by WBC does not "utterly refute" plaintiff's allegations regarding the quantum meruit claim ( Goshen , 98 NY2d at 326). | 1 | 1 |
In re the Estate of Feroletogreen2 sentences2025Even though Petitioner has failed to sufficiently substantiate the services performed by this firm, the court may award an amount consistent with a quantum meruit analysis, or the reasonable value of the legal services rendered when it is clear from the record that counsel provided services and the client does not dispute that counsel expected compensation for those services (see Matter of Feroleto, 6 Misc 3d 680, 684 [Sur Ct, Bronx County 2004]; Matter ofGlusing, 84 Misc 3d 171, 178 [Sur Ct, Monroe County 2024]). 2025Even though Petitioner has failed to sufficiently substantiate the services performed by this firm, the court may award an amount consistent with a quantum meruit analysis, or the reasonable value of the legal services rendered when it is clear from the record that counsel provided services and the client does not dispute that counsel expected compensation for those services (see Matter of Feroleto, 6 Misc 3d 680, 684 [Sur Ct, Bronx County 2004]; Matter ofGlusing, 84 Misc 3d 171 , 178 [Sur Ct, Monroe County 2024]). | 1 | 1 |
Loomis v. Civetta Corinno Construction Corp.green2 sentences2025Corp. , 54 NY2d 18, 23-24 [1981]; Kimso Apts., LLC v Gandhi , 24 NY3d 403, 411 [2014]; CPLR 3025 [b]). 2025Corp. , 54 NY2d 18, 23-24 [1981]; Kimso Apts., LLC v Gandhi , 24 NY3d 403, 411 [2014]; CPLR 3025 [b]). | 1 | 1 |
Kimso Apartments, LLC v. Mahesh Gandhigreen2 sentences2025Corp. , 54 NY2d 18, 23-24 [1981]; Kimso Apts., LLC v Gandhi , 24 NY3d 403, 411 [2014]; CPLR 3025 [b]). 2025Corp. , 54 NY2d 18, 23-24 [1981]; Kimso Apts., LLC v Gandhi , 24 NY3d 403, 411 [2014]; CPLR 3025 [b]). | 1 | 1 |
American-European Art Associates, Inc. v. Trend Galleries, Inc.green1 sentence2024Under the circumstances, plaintiff did not have a "reasonable expectation of being compensated" by Katz personally ( American-European Art Assoc. v Trend Galleries , 227 AD2d 170, 171 [1st Dept 1996]; see Martin H. | 1 | 1 |
Ackerman v. Price Waterhousegreen1 sentence2024(Id. ,I 89.) Discussion CPLR 901 (a), which "should be broadly construed" (City of NYv Maul, 14 NY3d 499, 509 [201 O] [internal quotation marks and citation omitted]), provides that a class action may be maintained if: "1. the class is so numerous that joinder of all members, whether otherwise required or permitted, is impracticable; 2. there are questions of law or fact common to the class which predominate over any questions affecting only individual members; 3. the claims or defenses of the representative parties are typical of the claims or defenses of the class; 4. the representative part | 1 | 1 |
City of New York v. Maulgreen1 sentence2024(Id. ,I 89.) Discussion CPLR 901 (a), which "should be broadly construed" (City of NYv Maul, 14 NY3d 499, 509 [201 O] [internal quotation marks and citation omitted]), provides that a class action may be maintained if: "1. the class is so numerous that joinder of all members, whether otherwise required or permitted, is impracticable; 2. there are questions of law or fact common to the class which predominate over any questions affecting only individual members; 3. the claims or defenses of the representative parties are typical of the claims or defenses of the class; 4. the representative part | 1 | 1 |
Aviv Construction, Inc. v. Antiquarium, Ltd.green1 sentence2022Indeed, the complaint alleges that plaintiff agreed to perform extra work and that GMF agreed to pay it through change orders ( see Aviv Constr. v Antiquarium, Ltd., 259 AD2d 445, 446 [1st Dept 1999] ["A contractor cannot bring a quantum meruit claim for extra payments beyond the original contract price where there exists a contract governing how payment for extra work will be determined"]). | 1 | 1 |
Abundance Partners LP v. Quamtel, Inc.green1 sentence2019The written agreement between plaintiff and defendant CDx Diagnostics, Inc. provides that plaintiff will receive a fee if "an M & A transaction is concluded with any Referred Investor." "M & A" is defined as "a Merger or Acquisition transaction for the Company [CDx] in which a majority of our equity would be sold." Contrary to plaintiff's contention, "[A]n asset sale and an equity sale are two very different transactions with two entirely different consequences" ( Abundance Partners LP v Quamtel, Inc. , 840 F Supp 2d 758, 771 [SD NY 2012]). | 1 | 1 |
Sperry v. Crompton Corp.green1 sentence2017Additionally, the court properly dismissed the unjust enrichment claim as it failed to explain why the benefit retained by the Douglas Elliman defendants was unjust (see Sperry v Crompton Corp., 8 NY3d 204, 215 [2007]), and the quantum meruit claim as it did not establish the reasonable value of the services plaintiff provided to said defendants (see Freedman v Pearlman, 271 AD2d 301, 304 [1st Dept 2000]). | 1 | 1 |
Eastern Consolidated Properties, Inc. v. Waterbridge Capital LLCgreen1 sentence2017Props., Inc. v Waterbridge Capital LLC, 149 AD3d 444, 444 [1st Dept 2017]). | 1 | 1 |
Campagnola v. Mulhollandgreen1 sentence2011Accepting the allegations of the complaint as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), plaintiff law firm was discharged without cause and thus, its remedy is “to recovert ] in quantum meruit the reasonable value of the services rendered” (Campagnola v Mulholland, Minion & Roe, 76 NY2d 38, 44 [1990]; see Nabi v Sells, 70 AD3d 252, 253 [2009]; Robert M. | 1 | 1 |
Nabi v. Sellsgreen1 sentence2011Accepting the allegations of the complaint as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), plaintiff law firm was discharged without cause and thus, its remedy is “to recovert ] in quantum meruit the reasonable value of the services rendered” (Campagnola v Mulholland, Minion & Roe, 76 NY2d 38, 44 [1990]; see Nabi v Sells, 70 AD3d 252, 253 [2009]; Robert M. | 1 | 1 |
Leon v. Martinezgreen1 sentence2011Accepting the allegations of the complaint as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), plaintiff law firm was discharged without cause and thus, its remedy is “to recovert ] in quantum meruit the reasonable value of the services rendered” (Campagnola v Mulholland, Minion & Roe, 76 NY2d 38, 44 [1990]; see Nabi v Sells, 70 AD3d 252, 253 [2009]; Robert M. | 1 | 1 |
| Laba v. Careygreen | 1 | 1 |
| Tesser v. Allboro Equipment Co.green | 1 | 1 |
| Corcoran v. GATX Corp.green | 1 | 1 |
| Ross v. DeLorenzogreen | 1 | 1 |
| Steven Fine Associates, Inc. v. Serotagreen | 1 | 1 |
| Niagara Mohawk Power Corp. v. Freedgreen | 1 | 1 |
| Mechanical Piping Services, Inc. v. Jayeff Construction Corp.green | 1 | 1 |
| Howard v. Carrgreen | 1 | 1 |
| Austin v. Barbergreen | 1 | 1 |
| Nadherny v. Eppelgreen | 1 | 1 |
| Star Credit Corp. v. Molinagreen | 1 | 1 |
| Dempsey v. City University of New Yorkgreen | 1 | 1 |
| Beth Rifka, Inc. v. Stategreen | 1 | 1 |
| Phillips v. City of Syracusegreen | 1 | 1 |
| In re the Judicial Settlement of the Account of Ingrahamgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fulbright & Jaworski, LLP v. Carucci
green
2 sentences2017To establish a quantum meruit claim, the plaintiff must show that it performed services in good faith, which defendants accepted, and for which he reasonably expected to be compensated, and the services' reasonable value ( see Fulbright & Jaworski, LLP v Carucci , 63 AD3d 487 , 489 [1st Dept. 2009]). 2017To establish a quantum meruit claim, the plaintiff must show that it performed services in good faith, which defendants accepted, and for which he reasonably expected to be compensated, and the services' reasonable value ( see Fulbright & Jaworski, LLP v Carucci , 63 AD3d 487 , 489 [1st Dept. 2009]). | 3 | 2012–2017 |
Morris Cohon & Co. v. Russell
green
2 sentences2014Applying this rule, Davis & Mamber precluded a contract claim for failure to satisfy the applicable provision of the statute of frauds, because the relied-on writings lacked any reference to the agreed-on compensation; however, it permitted a quantum meruit claim, because the rule for a writing establishing quantum meruit claims is less exacting, requiring only that the writing “evidenced the fact of plaintiffs employment [by defendant] to render the alleged services” (id. at 426, citing Cohon & Co., 23 NY2d at 575-576 ). 2014Applying this rule, Davis & Mamber precluded a contract claim for failure to satisfy the applicable provision of the statute of frauds, because the relied-on writings lacked any reference to the agreed-on compensation; however, it permitted a quantum meruit claim, because the rule for a writing establishing quantum meruit claims is less exacting, requiring only that the writing “evidenced the fact of plaintiffs employment [by defendant] to render the alleged services” (id. at 426, citing Cohon & Co., 23 NY2d at 575-576 ). | 2 | 2014–2014 |
Cooper, Bamundo, Hecht & Longworth, LLP v. Kuczinski
green
1 sentence2025Co., 70 NY2d 382 [1987]; Ellis v Abbey & Ellis, 294 AD2d 168 [1st Dept. 2002]; Cooper, Bamundo, Hecht & Longworth, LLP v Kuczinski, 14 AD3d 644 [2d Dept. 2005]). | 1 | 2025–2025 |
Ellis v. Abbey & Ellis
green
1 sentence2025Co., 70 NY2d 382 [1987]; Ellis v Abbey & Ellis, 294 AD2d 168 [1st Dept. 2002]; Cooper, Bamundo, Hecht & Longworth, LLP v Kuczinski, 14 AD3d 644 [2d Dept. 2005]). | 1 | 2025–2025 |
Sebastian Holdings, Inc. v. Deutsche Bank AG.
green
1 sentence2023In Sebastian Holdings , the determination that the unjust enrichment claim arose from facts independent of the contract was [*3]made at the early stage of litigation on a motion for preliminary injunction ( 78 AD3d at 448 ). | 1 | 2023–2023 |
Newman v. Berkowitz
green
1 sentence2018The complaint fails to state a cause of action against defendant Joseph Romano individually, since it does not allege that Romano personally entered into any agreement with plaintiff, or was enriched by plaintiff's work separately from the law firm ( see Newman v Berkowitz , 50 AD3d 479 [1st Dept 2008]). | 1 | 2018–2018 |
Seth Rubenstein, P.C. v. Ganea
green
1 sentence2017Further, while in a nonmatrimonial matter the unintentional failure to provide a letter of engagement does not preclude an attorney from recovering the fair and reasonable value of his or her services pursuant to the doctrine of quantum meruit (see Seth Rubenstein, P.C. v Ganea, 41 AD3d at 54 ), this case involves postjudgment relief in a matrimonial matter, for which a written retainer agreement is required (see 22 NYCRR 1400.1, 1400.3). | 1 | 2017–2017 |
| Corcoran v. GATX CORPORATION neutral | 1 | 2009–2009 |
| Federal Express Corp. v. Federal Jeans, Inc. green | 1 | 2009–2009 |
| Interactive Properties, Inc. v. Doyle Dane Bernbach, Inc. green | 1 | 2000–2000 |
| Harder v. Reedy green | 1 | 1999–1999 |
| La Placa v. Bernardo neutral | 1 | 1998–1998 |
| JRDM Corp. v. U.W. Marx, Inc. neutral | 1 | 1998–1998 |
| Beinert v. Clark neutral | 1 | 1991–1991 |
| Business Jet Airlines v. County of Nassau neutral | 1 | 1985–1985 |
| Parsa v. State of New York green | 1 | 1985–1985 |
| In Re the Judicial Settlement of the Accounts of Rutledge green | 1 | 1931–1931 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.