Capelo v. Tinoco

Full title: Jacinta N. CAPELO, Appellant, v. Diego TINOCO, Respondent.

Court: Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Date published: Feb 28, 2014

42 Misc. 3d 147 (N.Y. App. Term 2014)

2014 N.Y. Slip Op. 50367

988 N.Y.S.2d 521

Opinion

No. 2013–441QC.

2014-02-28

Jacinta N. CAPELO, Appellant, v. Diego TINOCO, Respondent.

In this case, it is undisputed that there was no proof of any oral or written contract. Moreover, neither the elements of an implied-in-fact contract nor an implied-in-law contract were established ( see Kapral's Tire Svc. Inc. v. Aztek Tread Corp., 124 A.D.2d 1011 [1986];see also Joan Hansen & Co. v. Everlast World's Boxing Headquarters Corp., 296 A.D.2d 103 [2002] ). Accordingly, the action was properly dismissed and the judgment is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.