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PARKER REALTY GROUP, INC. v. PETIGNY

No. 139 SSM 14.

14 N.Y.3d 864 (2010)

929 N.E.2d 387

903 N.Y.S.2d 325

PARKER REALTY GROUP, INC., Appellant, v. A. MICHELLE PETIGNY, Individually and as President of Eastern Parkway Holdings LLC, Respondent, et al., Defendants.

Court of Appeals of New York.

Decided May 6, 2010.

Attorney(s) appearing for the Case

Kip Lenoir , New York City, for appellant.

Howard L. Sherman , Ossining, for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs. Recovery under the theory of quantum meruit is not appropriate where, as here, an express contract governed the subject matter involved (Miller v Schloss, 218 N.Y. 400, 406-407 [1916]; see also Julien J. Studley, Inc. v New York News, 70 N.Y.2d 628, 629...

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