Archive:December 28, 2007

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Plaintiff Wins Recovery in Quantum Meruit for Heating and Cooling Services Provided

Plaintiff Wins Recovery in Quantum Meruit for Heating and Cooling Services Provided

Capital Heat, Inc. v. Buchheit, 848 N.Y.S.2d 481 (N.Y. App. Div. 2007)

In this case, the court awarded recovery in quantum meruit to plaintiff for heating and cooling services it had provided at the defendant’s residence.  The court explained that:  (i) by issuing invoices, (ii) the plaintiff established an expectation that it would receive payment for its services, (iii) the invoices established the reasonable value of those services, and (iv) the defendant did not dispute that the plaintiff performed the heating and cooling work in good faith or of acceptable quality.

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