Donohue v. Minicucci

—Judgment unanimously reversed on the law without costs and complaint dismissed. Memorandum: Plaintiff sued defendant for legal services based upon the theory of a joint venture whereby plaintiff and defendant would split the fees equally. At a bench trial, the court determined that there was no joint venture and awarded plaintiff the sum of $13,500 on the basis of quantum meruit. We reverse. The court improperly granted judgment for plaintiff on the theory of quantum meruit. Although CPLR 3017 authorizes the court to grant any type relief even if it is not requested, the relief must be…