Nelson v. Patterson, 2010 NY Slip Op 31799 [Justice Mdden in NY County Supreme Court] is a case about loans, employment contracts, fraud and, oh yes, legal malpractice. After a discussion of breached employment contracts and the like, the court grants plaintiff’s request to add a cause of action for quantum meruit. "In general the existence of an express agreement ordinarily precludes recoery in quantum meruit. However, where as her, a bona fide dispute as to the application of a contract is demonstrated, a plaintiff will not be required to elect his or her remedies."
Quantum meruit, breach of fiduciary duty and legal malpractice, all tied together, continue in this case.