ALAMO CONTRACT BUILDERS, INC. v. CTF HOTEL CO.


242 A.D.2d 643 (1997)

663 N.Y.S.2d 42

Alamo Contract Builders, Incorporated, Respondent, v. Ctf Hotel Company, Doing Business as Stouffer Renaissance Westchester Hotel, Appellant

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

September 29, 1997


Ordered that the order is reversed insofar as appealed from, with costs, those branches of the defendant's motion which were to dismiss the plaintiff's third, fourth, and fifth causes of action asserted in the amended complaint are granted, and those causes of action are dismissed.

The third cause of action to recover damages in quantum meruit should have been dismissed. Where, as here, there is no dispute as to the existence of a contract and the contract covers...

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