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SNYDER v. BRONFMAN

No. 153

13 N.Y.3d 504 (2009)

2009 NY Slip Op 8667

921 N.E.2d 567

893 N.Y.S.2d 800

RICHARD E. SNYDER, Appellant, v. EDGAR M. BRONFMAN, JR., Respondent.

Court of Appeals of New York.

Decided November 23, 2009.

Attorney(s) appearing for the Case

Stillman, Friedman & Shechtman, P.C., New York City (Paul Shechtman and Nathaniel Z. Marmur of counsel), and Wilson Sonsini Goodrich & Rosati (Robert Gold and Meredith Kotler of counsel) for appellant.

Gibson, Dunn & Crutcher LLP, New York City (Orin Snyder and Alexander Southwell of counsel), and Indraneel Sur, Washington, D.C., for respondent.

Cullen and Dykman LLP, Garden City (Jennifer A. McLaughlin and Peter J. Mastaglio of counsel), for Business Council of the State of New York, Inc., amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that quantum meruit and unjust enrichment claims brought to recover the value of plaintiff's services in helping to achieve a corporate acquisition are barred by the statute of frauds contained in General Obligations Law § 5-701 (a) (10).

I

Because this case arises on a motion to dismiss the first amended complaint (complaint) under CPLR 3211, we take the facts alleged by plaintiff to be true...

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