Opinion
March 16, 1978
Order, Appellate Term, entered June 14, 1977, affirming a judgment of the Civil Court, New York County, entered April 23, 1976, dismissing plaintiff's complaint after trial, unanimously affirmed, with $60 costs and disbursements of this appeal to respondents. We find it unnecessary on this appeal to reach the question as to whether or not section 123 (subd 3, par [b]) of the Insurance Law, bars an action in quantum meruit by an adjuster. From the facts developed at the trial, it is apparent that the plaintiff, a public adjuster, performed services in connection with the settlement of a claim pursuant to a contract with the mortgagor and not at the request or invitation of the defendant mortgagee. Nothing in the facts disclosed supports an action in quantum meruit against this defendant.
Concur — Silverman, J.P., Evans, Lynch, Sandler and Sullivan, JJ. [ 91 Misc.2d 118.]