29 A.D.2d 740 | N.Y. App. Div. | 1968
Order, entered on May 29, 1967, denying in part and granting in part a motion by defendant CBS for summary judgment, unanimously modified on the law, to the extent of granting said defendant’s motion for summary judgment dismissing the third cause of action, and otherwise affirmed; without costs or disbursements to either party. Plaintiff, in his third cause of action, which is based on quantum meruit, seeks to recover from CBS for services rendered to the nonappealing defendants, pursuant to arrangements made by plaintiff solely with those defendants. While it is alleged that CBS benefited from such services, it is conceded that it was a stranger to the entire transaction. Such services, whether premised upon the theory of contract implied in law or contract implied in fact, cannot cast CBS in liability (Armstrong v. I. T. T. S. Corp., 10 A D 2d 711; Green v. Messing, 236