History
  • No items yet
midpage
Taddeo v. Medallic Art Co.
40 A.D.3d 444
N.Y. App. Div.
2007
Check Treatment

Order and judgment (one paper), Supreme Court, New York County (Jane S. Solomon, J.), entered March 30, 2006, which, after a nonjury trial, dismissed the complaint, unanimously affirmed, without costs.

The court properly construed the ambiguous October 6, 1999 letter against plaintiff attorney, who had drafted it (see Jacobson v Sassower, 66 NY2d 991, 993 [1985]), in finding that he was offering his services as a volunteer, and correctly determined that he had not acquiesced in a May 16, 2004 contingency fee proposal (see Matter of Albrecht Chem. Co. [Anderson Trading Corp.], 298 NY 437 [1949]). In light of the express 1999 agreement, the quantum meruit and unjust enrichment claims were also not viable (see Goldman v Metropolitan Life Ins. Co., 5 NY3d 561, 572 [2005]).

We have considered plaintiff’s other contentions and find them unavailing. Concur—Andrias, J.E, Saxe, Williams, Gonzalez and Kavanagh, JJ.

Case Details

Case Name: Taddeo v. Medallic Art Co.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 22, 2007
Citation: 40 A.D.3d 444
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.