Jaros, Baum & Bolles v. Rosenfeld
Court: Appellate Division of the Supreme Court of the State of New York; April 13, 1995; New York; State Appellate Court
The Supreme Court of New York County, presided over by Justice Beatrice Shainswit, issued an order on March 17, 1994, which affirmed the dismissal of the plaintiffs' first and third causes of action. The first cause of action, seeking recovery under quantum meruit for the reasonable value of services rendered, was dismissed because a written contract exists that dictates the compensation for those services. The third cause of action, which sought a portion of any fees that might be awarded to the defendant in future arbitration, was also dismissed. The court noted that the plaintiffs' right to recover under the contract is not contingent upon the defendant prevailing in the arbitration. The decision was affirmed unanimously, with no costs awarded. Justices Ellerin, Kupferman, Asch, Nardelli, and Williams concurred in the ruling.