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FARIELLO v. CHECKMATE HOLDINGS, LLC

4421, 116159/09.

82 A.D.3d 437 (2011)

918 N.Y.S.2d 408

BALESTRIERE FARIELLO, Appellant, v. CHECKMATE HOLDINGS, LLC, et al., Respondents.

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

Decided March 3, 2011.

The motion court erred by dismissing the quantum meruit claim. Accepting the allegations of the complaint as true (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), plaintiff law firm was discharged without cause and thus, its remedy is "to recover[ ] in quantum meruit the reasonable value of the services rendered" (Campagnola v Mulholland, Minion & Roe, 76 N.Y.2d 38, 44 [1990...

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