Sentences with phrase «meruit with»

In another interesting turn of events, the Court of Appeal awarded Ariston $ 20,000, not with respect to the commission, but on the basis of quantum meruit with respect to services it provided to the vendor after the expiration of the listing agreement.

Not exact matches

Litigation ensued, with the trial court determining that $ 364,110 was a reasonable fee for attorney's services under a quantum meruit measure of recovery (i.e., 1,499 hours at $ 240 per hour).

He did not submit any estimate or substantiation as far as reasonable hours worked on the case, with a bald assertion of having contributed the most value not satisfying his quantum meruit burden in this one.

Successfully defended prominent music manager in his opposition to a motion to dismiss filed by pop music star Taylor Swift and her parents; filed and prosecuted claims for restitution, unjust enrichment, and quantum meruit against Ms. Swift and her parents which lawsuit concluded with an amicable resolution of the dispute.

David A. Brooker, litigation lawyer with the Toronto firm of Steinberg, Morton, Hope & Israel LLP, explains the «quantum meruit» claim on an estate.

The plaintiff brought claims for overtime under the Federal Fair Labor Standards Act and joined companion state law claims for breach of contract, quantum meruit and tortious interference with contract.

The judge assessed the Appellant's entitlement to be paid for extra work in accordance with the principle of contractual quantum meruit, allowing claims for expenses and extra materials in the net amount of $ 126,371.51.

However, in a contested probate proceeding arising out of wife's appointment as temporary co-conservator with husband's son, the lower court approved the settlement (including fees to the second attorney) but denied first attorney's request for fees based on the attorney's lien and quantum meruit recovery.

The plaintiffs sought recovery based on breach of an alleged agency agreement, tortious interference with property rights, and quantum meruit.

to appeal den., 95 N.Y. 2d 759)- where broker's original agreement was validly terminated prior to the contract that led to the subject sale, any other agreement between the parties for the payment of a brokerage commission would be governed by the Statute of Frauds and the broker's claims are barred since the broker has not alleged, in connection with the alleged subsequent agreement, the existence of some writing evidencing defendant's intention to be bound; since alleged subsequent agreement is void by reason of the Statute of Frauds, broker can not use the same alleged promises as a basis for a cause of action sounding in quantum meruit

Schuckman Realty v. Marine Midland Bank (244 A.D. 2d 400)- broker not entitled to recover a commission from defendant under contract theory where broker entered into brokerage agreements with parties other than the defendant; broker's claim against defendant in quantum meruit fails due to the existence of a valid and enforceable agreement governing the particular subject matter (i.e., commission agreement between broker and other parties).

Eastern Consolidated Prop., Inc. v. Chemical Bank (269 A.D. 2d 261)- judgment dismissing broker's cause of action in quantum meruit affirmed; cause of action properly dismissed where there is no relationship between third party and the entity with which broker had a brokerage agreement; absent such relationship, it is not enough that third party may have benefitted from broker's services; broker must look to party for whom broker performed services for payment

SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet on terms set by the prospective sublessor, the parties» disagreement as to the terms of their oral agreement raised triable issues of fact precluding summary judgment in favor of either party; no cause of action exists in quantum meruit, unjust enrichment and account stated where there is an express contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with contract against landlord for refusal to grant tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected by the landlord.

Williams Real Estate Co., Inc. v. 130 William LLC (284 A.D. 2d 261)- broker prevails in obtaining commission award in the absence of a definite agreement or contract with landlord upon the basis of quantum meruit; broker's recovery was properly reduced in light of representations made by broker as to the air conditioning requirements of the prospective tenants, which representations were in material respects inaccurate and damaging to landlord

Curtis Properties Corp. v. Greif Companies (236 A.D. 2d 237)- cause of action in quantum merit reinstated (see, Curtis Properties Corp. v. Grief Companies [212 A.D. 2d 259]-RRB-; broker engaged as exclusive buyer's agent; broker may proceed both on breach of contract and quasi-contract theories where there is a bona fide dispute as to the existence of a contract or the contract does not cover the dispute in issue; quantum meruit recovery is proper where the defendant wrongfully has prevented the plaintiff's performance of a written agreement; broker negotiated lease terms for principal with a third party which principal used to negotiate their own lease terms with their current landlord.