New York General Form of Complaint for Quantum Meruit - For Services Rendered

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US-03280BG
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The phrase quantum meruit means as much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from the employer to the workman that he will pay him for his services, as much as be may deserve or merit. In such case the plaintiff may suggest in his Complaint that the defendant promised to pay him as much as he reasonably deserved, and then state that that defendant has failed to pay such amount.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Unjust enrichment is determined by three conditions: The contractor provides materials or services of value to the owner. The owner is benefited or enriched by the materials or services received from the contractor. There is reasonable expectation of compensation for the services or materials provided by the contractor.

In New York, the elements of an unjust enrichment claim are ?that (1) the other party was enriched, (2) at that party's expense, and (3) that it is against equity and good conscience to permit the other party to retain what is sought to be recovered.? Mandarin Trading Ltd. v. Wildenstein, 16 N.Y.

If Defendant obtained an advantage that he otherwise would not have, such as trade secrets stolen from Plaintiff, then Defendant was unjustly enriched.

In New York, service of process is usually performed by a process server and service is made pursuant to among others, CPLR Rules: 307 (State), 308 (natural person), 309 (infant, incompetent or conservatee), 310 (partnership), 310-a (limited partnership), 311 (corporation or governmental subdivision), 311-a (limited ...

The elements of unjust enrichment exist if: 1) you provided something of value to the defendant; 2) the defendant acknowledged, accepted and benefitted from what you provided; and 3) it would be inequitable for the defendant to enjoy the benefit you provided without compensating you.

In New York, the elements of an unjust enrichment claim are ?that (1) the other party was enriched, (2) at that party's expense, and (3) that it is against equity and good conscience to permit the other party to retain what is sought to be recovered.? Several factors can drive the determination of whether these ...

Upon the application of a party, the court may extend the time to appear or plead, or compel the acceptance of a pleading untimely served, upon such terms as may be just and upon a showing of reasonable excuse for delay or default.

?[T]o establish a claim in quantum meruit, a claimant must establish: the performance of services in good faith, the acceptance of the services by the person to whom they are rendered, an expectation of compensation therefor, and.

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New York General Form of Complaint for Quantum Meruit - For Services Rendered