ZITO v. FISCHBEIN, BADILLO, WAGNER & HARDING


32 A.D.3d 768 (2006)

821 N.Y.S.2d 553

ROBERT J.A. ZITO, Appellant, v. FISCHBEIN, BADILLO, WAGNER & HARDING, Respondent.

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

September 26, 2006.


Plaintiff attorney's claim that the services at issue rendered by him to defendant law firm were so distinct from the contractually governed duties of his employment with the firm as to be compensable on a quantum meruit basis is not tenable. Indeed, it is plain that the services in question fell squarely within the contractually contemplated duties of plaintiff's employment and, accordingly, that plaintiff's claim to recover for those services in quantum meruit was properly...

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