Appeal from a judgment of the District Court of Nassau County, Third District (David Goodsell, J.), entered February 13, 2008. The judgment, after a nonjury trial, dismissed the action.

Judgment reversed without costs, action reinstated and matter remanded to the District Court for a new trial limited to the issue of damages.

Plaintiff commenced this commercial claims action to recover for services performed and materials supplied at defendant's request. After a nonjury trial, the District Court dismissed the action. This appeal by plaintiff ensued.

The proof at trial showed that defendant requested custom framing work from plaintiff and that plaintiff performed the work. There was no dispute that the work was properly performed, and plaintiff is still holding the framed material. The only dispute between the parties concerned the reasonable value of the work performed. In these circumstances, plaintiff is entitled to recover based upon a theory of quantum meruit, and, thus, the judgment in favor of defendant dismissing the action failed to render substantial justice between the parties in accordance with the rules and principles of substantive law (see UDCA 1807-A). Accordingly, the judgment is reversed, the action is reinstated and the matter is remanded to the District Court for a new trial limited to the issue of damages to determine the reasonable value of the services and materials.

We note that the judgment to be rendered in favor of plaintiff shall be conditioned upon plaintiff's making the work product available to defendant (UDCA 1805-A [a]; see e.g. Garber v New Idea by S.E.P., Inc., 20 Misc 3d 142[A], 2008 NY Slip Op 51684[U] [App Term, 2d & 11th Jud Dists 2008]).

Molia, J.P., Scheinkman and LaCava, JJ., concur.
Decision Date: April 16, 2009