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Furgang v. Meier Novod

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1985
109 A.D.2d 728 (N.Y. App. Div. 1985)

Opinion

March 4, 1985

Appeal from the Supreme Court, Rockland County (Palella, J.).


Judgment affirmed, with costs to plaintiff.

We find that plaintiff was requested to perform certain services for clients of the defendant law firm, at the request of defendant, because of plaintiff's expertise in a specialized area of the law, and that he rendered the services. An obligation to pay for these services is therefore imposed by operation of law, even in the absence of an agreement or expression of assent by word or act as to the amount of the fee ( see, Bradkin v Leverton, 26 N.Y.2d 192, 196). Recovery under a theory of quasi contract is not dependent on a promise to pay, and therefore defendant's argument that there was no promise to pay is unpersuasive. Nor can defendant be relieved of this obligation merely because it was the defendant's client who ultimately benefited from the services performed by plaintiff ( see, Farash v. Sykes Datatronics, 59 N.Y.2d 500, 503).

The amount awarded by Special Term reflects the reasonable value of the services performed by plaintiff. Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.


Summaries of

Furgang v. Meier Novod

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1985
109 A.D.2d 728 (N.Y. App. Div. 1985)
Case details for

Furgang v. Meier Novod

Case Details

Full title:PHILIP FURGANG, Respondent-Appellant, v. LENEFSKY, MEIER NOVOD…

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

Date published: Mar 4, 1985

Citations

109 A.D.2d 728 (N.Y. App. Div. 1985)