Rich v. O'Malley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Action on an express contract and on quantum meruit to recover $50,000, alleged to be the reasonable value of services rendered by plaintiff for defendant. After plaintiff had rested and defendant had moved to dismiss the cause of action on the contract, the court stated that there was not a “scintilla of proof concerning the reasonable value” of plaintiff’s services. The court granted the motion to dismiss that cause of action, but denied a similar motion as to the action on quantum meruit. Plaintiff then moved for an adjournment to enable him to present evidence of value, which the court…
2Cases cited2 opinions
- Straub v. Buffalo Broadcasting Corp.Appellate Division of the Supreme Court of the State of New York · 1936
- Kahn v. SheirrAppellate Division of the Supreme Court of the State of New York · 1952
3Cited by1 opinion
- Singer v. Gerard V. Korda & Co.New York Supreme Court · 1963