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Taddeo v. Medallic Art Co.

Appellate Division of the Supreme Court of New York, First Department
May 22, 2007
40 A.D.3d 444 (N.Y. App. Div. 2007)

Opinion

No. 1135.

May 22, 2007.

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.

Frank Taddeo, Jr., appellant pro se.

Law Offices of Michael Flynn, P.C., Garden City (Marc T. Wietzke of counsel), for respondent.

Before: Andrias, J.P., Saxe, Williams, Gonzalez and Kavanagh, JJ.


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), 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). 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).

We have considered plaintiff's other contentions and find them unavailing.


Summaries of

Taddeo v. Medallic Art Co.

Appellate Division of the Supreme Court of New York, First Department
May 22, 2007
40 A.D.3d 444 (N.Y. App. Div. 2007)
Case details for

Taddeo v. Medallic Art Co.

Case Details

Full title:FRANK TADDEO, JR., Appellant, v. MEDALLIC ART COMPANY, LTD., Respondent

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

Date published: May 22, 2007

Citations

40 A.D.3d 444 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 4357
834 N.Y.S.2d 658

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