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· 12/21/1990

Ostrowski v. Massa

Citations

  • 168 A.D.2d 964

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the contract only required payment for services used on a per diem basis
  • noting that § 15-301 bars oral 14 modifications where contract stated that it “cannot be changed unless mutually agreed upon in 15 writing by both parties” (internal quotation marks omitted)
  • “[W]here there is an express contract no recovery can be had on a theory of implied contract.” (internal quotation marks omitted)
  • “[W]here there is an express contract no recovery can be had on a theory of implied contract.” (internal quotation marks omitted)
  • quantum meruit claim may be permitted to proceed where the “express contract” has been “in some manner remov[ed] . . . from the picture in the normal fashion (recission, abandonment, etc.)” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.