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AUTORAMA COLLISION, INC. v. CITY OF NEW YORK

247 A.D.2d 313 (1998)

668 N.Y.S.2d 466

Autorama Collision, Inc., Appellant, v. City of New York et al., Respondents

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

February 24, 1998

Recovery upon a quantum meruit theory such as that alleged by plaintiff requires proof that the payment sought was indeed expected (see, Bauman Assocs. v H & M Intl. Transp., 171 A.D.2d 479, 484). Thus, where, as here, defendants offered evidence that they had been informed by plaintiff that payment would not be made for the towing of certain cars, and plaintiff, in response...

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