Practice point: A quantum meruit recovery is not precluded if there is a sufficient memorandum to evidence the fact that plaintiff employed defendant to render the alleged services.
Students should note that neither a nondescript "thank you" note nor a check designated as a gift qualifies.
At Last Naturals, Inc. v. Feiner , NY Slip Op 05211 (2d Dept. 2011 ).
Tomorrow's issue is account stated.