MATTER OF KLEEFELD


168 A.D.2d 242 (1990)

In the Matter of The Estate of Georges Kleefeld, Deceased. Cameron K. Wehringer, Appellant; Denise Stork, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 6, 1990


Although we agree that petitioner cannot recover on his claim of breach of express contract since the written contingency retainer agreement is not broad enough to include his services in the Court of Appeals, we believe he is entitled to recover on a theory of quantum meruit, which he also urged as a basis of liability before the Surrogate. "[W]hen a person has knowledge that legal services were performed for him, a promise to pay their reasonable value may be implied"....

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