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Mark Bruce International, Inc. v. Blank Rome

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 24, 2009

MARK BRUCE INTERNATIONAL, INC., PLAINTIFF-APPELLANT,
v.
BLANK ROME, LLP, DEFENDANT-RESPONDENT.

Order, Supreme Court, New York County (Herman Cahn, J.), entered May 30, 2008, which, in an action for breach of contract and unjust enrichment, granted defendant's cross motion for summary judgment dismissing the complaint and denied plaintiff's motion for summary judgment, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., Sweeny, Renwick, Freedman, JJ.

603388/06

The exchange of e-mails, which did not set forth the fee for plaintiff's services or an objective standard to determine it, was too indefinite to be enforceable (see generally Cobble Hill Nursing Home v Henry & Warren Corp., 74 NY2d 475, 482-484 [1989], cert denied 498 US 816 [1990]). The standard of reasonableness, left for future determination by the parties themselves, rather than by a third party, was not made objective by the implied duty to determine the amount of the fee in good faith. Furthermore, the unjust enrichment claim was properly dismissed as it is duplicative of the breach of contract claim (see Andrews v Cerberus Partners, 271 AD2d 348 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090324

© 1992-2009 VersusLaw Inc.



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