· 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).
Sourced from CourtListener / Free Law Project (CC0).
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