Matter of Brown Wood v. City of Yonkers

Full title: In the Matter of BROWN WOOD, Appellant, v. CITY OF YONKERS et al.…

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

Date published: Mar 23, 1998

248 A.D.2d 615 (N.Y. App. Div. 1998)

670 N.Y.S.2d 315

Opinion

March 23, 1998

Appeal from the Supreme Court, Westchester County (Donovan, J.).

Ordered that he appeal from the order entered March 25, 1997, is dismissed, as that order was superseded by the amended order dated April 14, 1997; and it is further,

Ordered that the amended order dated April 14, 1997, is affirmed; and it is further,

Ordered that the respondent City of Yonkers is awarded one bill of costs.

The appellant law firm failed to comply with the provisions of its contract with the City of Yonkers concerning the requirements of notice, amendment, and Control Board approval, prior to submitting bills for compensation above the amount authorized in the contract. Thus, it is not entitled to recovery on the basis of quantum meruit (see, Business Jet Airlines v. County of Nassau, 105 A.D.2d 679).

The appellant's remaining contentions are without merit.

Copertino, J. P., Altman, Florio and Luciano, JJ., concur.