Legal Opinion

Snyder v. Bronfman

New York Court of Appeals

Decided November 23, 2009No. 153PublishedCited by 46 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

We hold that quantum meruit and unjust enrichment claims brought to recover the value of plaintiffs services in helping to achieve a corporate acquisition are barred by the statute of frauds contained in General Obligations Law § 5-701 (a) (10).

I

Because this case arises on a motion to dismiss the first amended complaint (complaint) under CPLR 3211, we take the facts alleged by plaintiff to be true. Where the allegations are ambiguous, we resolve the ambiguities in plaintiffs favor.

Plaintiff and defendant, who had been casual acquaintances, ran into each other…

2Cases cited3 opinions

  1. Freedman v. Chemical Construction Corp.New York Court of Appeals · 1977
  2. Dura v. Walker, Hart & Co.New York Court of Appeals · 1971
  3. Snyder v. BronfmanAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by46 opinions

  1. Nomura Home Equity Loan, Inc., Series 2006-FM2 v. Nomura Credit & Capital, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. JF Capital Advisors, LLC v. The Lightstone Group, LLCNew York Court of Appeals · 2015
  3. Gutkowski v. SteinbrennerDistrict Court, S.D. New York · 2010
  4. DG&A Management Services, LLC v. Securities Industry Ass'n Compliance & Legal DivisionAppellate Division of the Supreme Court of the State of New York · 2010
  5. Trueforge Global Machinery Corp. v. Viraj GroupAppellate Division of the Supreme Court of the State of New York · 2011

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