| Linder v Capogrosso |
| 2006 NY Slip Op 51389(U) [12 Misc 3d 141(A)] |
| Decided on July 18, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Jeffrey K. Oing, J.), entered on or about August 9, 2004, after trial, in favor of plaintiff and awarding him damages in the principal sum of $2,988.20.
PER CURIAM:
Judgment (Jeffrey K. Oing, J.), entered on or about August 9, 2004, affirmed, without costs.
The trial evidence, fairly interpreted, supports a finding that plaintiff, a telecommunication systems installer, was entitled to recover the reasonable value of his work shown to have been rendered at defendant's request based upon quantum meruit (see Precision Founds. v Ives, 4 AD3d 589 [2004]). Although there was no direct evidence of the reasonable value of the work performed, the parties' oral agreement, together with their written correspondence, furnishes evidence of such value (see Frank v Feiss, 266 AD2d 825 [1999]). The judgment in plaintiff's favor thus achieved "substantial justice" consistent with substantive law principles (see CCA 1807).
This constitutes the decision and order of the court.
Decision Date: July 18, 2006