Knoll v. Cape Cod Sea Food Restaurant, Ltd.

*977Christ, P. J., Hopkins, Munder and Benjamin, JJ., concur; Rabin, J., dissents and votes to affirm the judgment, with the following memorandum: In my opinion, the majority view would be dispositive of this case if, in fact, plaintiff had either an ostensible or actual contract right. At bar, the prior suit determined that plaintiff had no right to prevail upon the contract between the parties. Under those circumstances, plaintiff properly initiated the present action, it being an established rule that a plaintiff may resort to quantum meruit even after an unsuccessful suit in contract (Potter…