[*1]
Ullah v Nobi
2012 NY Slip Op 52013(U) [37 Misc 3d 132(A)]
Decided on October 22, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 22, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Schoenfeld, Torres, JJ
570614/12.

Mohammed Ullah, Plaintiff-Respondent, - -

against

Monni Nobi and Nur Nobi, Defendants-Appellants.


Defendants appeal from a judgment of the Civil Court of the City of New York, Bronx County (Ruben Franco, J.), entered on or about October 6, 2011, after a nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of $17,785.


Per Curiam.

Judgment (Ruben Franco, J.), entered on or about October 6, 2011, affirmed, without costs.

The trial evidence, fairly interpreted, supports a finding that plaintiff was entitled to recover for money and services furnished to defendants based upon quantum meruit. The evidence shows and the court expressly found that while the parties were negotiating a possible purchase and sale of defendants' grocery store, plaintiff provided cash advances to defendants and paid for store renovations; that defendants "agreed and/or acquiesced [to] the renovations"; and that there was a reasonable expectation that plaintiff would be reimbursed (see Precision Founds. v Ives, 4 AD3d 589 [2004]). The evidence also supports the court's determination as to the value of the money and services expended by plaintiff. As a general rule, the performance and acceptance of services gives rise to the inference of an implied contract to pay for the reasonable value of such services (see Moors v Hall, 142 AD2d 336, 338 [1988]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 22, 2012