Legal Opinion
Parker Realty Group, Inc. v. Petigny
New York Court of Appeals
Decided May 6, 2010No. 139 SSM 14PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed with costs. Recovery under the theory of quantum meruit is
not appropriate where, as here, an express contract governed the subject matter involved (Miller v Schloss, 218 NY 400, 406-407 [1916]; see also Julien J. Studley, Inc. v New York News, 70 NY2d 628, 629 [1987]). Additionally, plaintiff failed to establish that the parties modified their exclusive brokerage agreement. In the absence of a valid governing exclusive brokerage agreement, plaintiff was not entitled to a commission on the sale to the…
2Cases cited3 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Greene v. HellmanNew York Court of Appeals · 1980
- Julien J. Studley, Inc. v. New York News, Inc.New York Court of Appeals · 1987
3Cited by14 opinions
- Minelli Construction Co. v. Volmar Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- R & B Design Concepts, Inc. v. Wenger Constr. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Schutty v. Speiser Krause P.C.Appellate Division of the Supreme Court of the State of New York · 2011
- Gould v. Decolator, Cohen & DiPrisco, LLPAppellate Division of the Supreme Court of the State of New York · 2021
- Aquatic Pool & Spa Services, Inc. v. WN Weaver Street, LLCAppellate Division of the Supreme Court of the State of New York · 2015
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