Levi v. Power Conversion, Inc.

In an action to recover in quantum meruit for work, labor and services, in which defendant counterclaimed for reimbursement of certain sums expended by it, defendant appeals from a judgment of the Supreme Court, Westchester County, entered June 11, 1974, in favor of plaintiff after a nonjury trial. Judgment reversed, on the law and the facts, without costs, and complaint and counterclaims dismissed. The existence of an express contract in this case, as indicated by the record, negates the possibility of a recovery by plaintiff under a quantum meruit theory (Smith v. Kirkpatrick, 305 N. Y. 66,…