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Singerman v. Reyes

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 1997
240 A.D.2d 335 (N.Y. App. Div. 1997)

Summary

affirming dismissal of quantum meruit claim

Summary of this case from Dubov v. Lewis

Opinion

June 26, 1997

Appeal from Supreme Court, New York County (Walter Schackman, J.).


We agree with the motion court that the alleged oral contract was not capable of performance within one year (General Obligations Law § 5-701 [a] [1]; see, D N Boening v Kirsch Beuerages, 63 N.Y.2d 449, 456), and that plaintiffs failed to adduce evidence of part performance as would remove the alleged contract from the Statute of Frauds ( see, Anostario v Vicinanzo, 59 N.Y.2d 662, 664). Plaintiffs' cause of action for quantum meruit is also without merit given their failure to adequately document the services they allegedly performed for defendants or, assuming that performance of such services could be documented, establish the reasonable value of those services ( see, Geraldi v. Melamid, 212 A.D.2d 575, 576). As the complaint lacks merit, the action was properly dismissed ( see, Kel Mgt. Corp. v. Rogers Wells, 64 N.Y.2d 904).

Concur — Sullivan, J.P., Ellerin, Tom, Mazzarelli and Andrias, JJ.


Summaries of

Singerman v. Reyes

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 1997
240 A.D.2d 335 (N.Y. App. Div. 1997)

affirming dismissal of quantum meruit claim

Summary of this case from Dubov v. Lewis
Case details for

Singerman v. Reyes

Case Details

Full title:ROBERT SINGERMAN et al., Appellants, v. NICHOLAS REYES et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 26, 1997

Citations

240 A.D.2d 335 (N.Y. App. Div. 1997)
659 N.Y.S.2d 762

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