The Second Department, reversing Supreme Court, determined plaintiff’s quantum meruit cause of action should have gone to the jury. A new trial was ordered. Although the complaint was deemed inartfully drafted, the Second Department found that the quantum meruit cause of action was pled and evidence presented at trial supported it. The court explained when both a breach of contract cause of action and a quantum meruit cause of action may be validly pled:
Where the existence of a contract is in dispute, the plaintiff may allege a cause of action to recover in quantum meruit as an alternative to a cause of action alleging breach of contract … . “[A] quasi-contractual obligation is one imposed by law where there has been no agreement or expression of assent, by word or act, on the part of either party involved. The law creates it, regardless of the intention of the parties, to assure a just and equitable result” … .
To be entitled to recover damages under the theory of quantum meruit, a plaintiff must establish: “(1) the performance of services in good faith, (2) the acceptance of services by the person or persons to whom they are rendered, (3) the expectation of compensation therefor, and (4) the reasonable value of the services rendered” … . Thompson v Horowitz, 2016 NY Slip Op 05561, 2nd Dept 7-20-16
CONTRACT LAW (BOTH BREACH OF CONTRACT AND QUANTUM MERUIT WERE PLED, QUANTUM MERUIT CAUSE OF ACTION SHOULD HAVE GONE TO THE JURY)/QUANTUM MERUIT (BOTH BREACH OF CONTRACT AND QUANTUM MERUIT WERE PLED, QUANTUM MERUIT CAUSE OF ACTION SHOULD HAVE GONE TO THE JURY)