Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County (Scott B. Ugell, J.), entered April 20, 2007. The judgment, insofar as appealed from, after a nonjury trial, dismissed plaintiff's complaint.

Judgment, insofar as appealed from, reversed without costs and matter remanded to the court below for the entry of judgment awarding plaintiff the principal sum of $575.80.

Plaintiff, a landscaping company, seeks to recover the sum of $1,370.60 for unpaid services. Defendant counterclaims, seeking to be reimbursed for unsatisfactory services previously rendered for which payment was made. The lower court dismissed both the complaint and counterclaim. Plaintiff appeals from so much of the judgment as dismissed its complaint.

Upon a review of the record, we find that plaintiff is entitled to $575.80 for services rendered, the amount reflected in the invoice dated August 16, 2006. This amount includes the contested sum of $350 for hedge trimming services. The parties agreed that defendant would pay $35 per man hour, and defendant failed to demonstrate that plaintiff did not expend 10 man hours on that service. Defendant conceded that plaintiff was entitled to the remaining $225.80 on the invoice and failed to prove that the sum was already paid. Plaintiff failed to prove its entitlement to the remainder of its claim.

Rudolph, P.J., Molia and Scheinkman, JJ., concur.
Decision Date: March 27, 2008