| Fariello v Checkmate Holdings, LLC |
| 2011 NY Slip Op 01592 [82 AD3d 437] |
| March 3, 2011 |
| Appellate Division, First Department |
| Balestriere Fariello, Appellant, v Checkmate Holdings,LLC, et al., Respondents. |
—[*1] Marc M. Coupey, Millwood, for respondents.
Order, Supreme Court, New York County (James A. Yates, J.), entered on or about May 19,2010, which, in an action seeking to recover legal fees, granted defendants' motion to dismiss thecomplaint, unanimously modified, on the law, to the extent of reinstating the fourth cause ofaction for quantum meruit, and otherwise affirmed, without costs.
The motion court erred by dismissing the quantum meruit claim. Accepting the allegations ofthe complaint as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), plaintiff lawfirm was discharged without cause and thus, its remedy is "to recover[ ] in quantum meruit thereasonable value of the services rendered" (Campagnola v Mulholland, Minion & Roe,76 NY2d 38, 44 [1990]; see Nabi vSells, 70 AD3d 252, 253 [2009]; Robert M. Simels, P.C. v Silver, 303 AD2d322 [2003]). Because plaintiff's exclusive remedy is quantum meruit, the cause of action allegingbreach of contract was properly dismissed, as the retainer agreement was cancelled by the client(see Nabi at 253-255).
The causes of action for fraudulent inducement and promissory fraud were properlydismissed. The claims were not pleaded with particularity, and were "bare-bones," withoutreferencing, for example, specific places and dates of the alleged misrepresentations (Nicosia v Board of Mgrs. of the WeberHouse Condominium, 77 AD3d 455, 456 [2010]). In any event, "[g]eneral allegationsthat defendant entered into a contract while lacking the intent to perform it are insufficient tosupport the claim" (New York Univ. v Continental Ins. Co., 87 NY2d 308, 318 [1995];see 767 Third Ave. LLC v Greble &Finger, LLP, 8 AD3d 75, 76 [2004]). Furthermore, to the extent that the fraud claimsrely on the alleged misrepresentations about defendant Joe Bobker's relationship to the BobkerGroup (a nonexistent entity), or that there were judgments executed against him in the past, suchinformation was readily verifiable through public records and there could be no justifiablereliance on the misrepresentations (see Clearmont Prop., LLC v Eisner, 58 AD3d 1052,1056 [2009]).
The promissory estoppel cause of action was properly dismissed, since it was barred by theretainer agreement which explicitly set forth that the agreement contained the entireunderstanding of the parties (seeCapricorn Invs. III, L.P. v CoolBrands Intl., Inc. 66 AD3d 409, 410 [2009]).
We have considered plaintiff's remaining contentions and find them unavailing.Concur—Mazzarelli, J.P., Acosta, DeGrasse, Richter and Manzanet-Daniels, JJ.[*2]