Opinion
2007-1224 Q C.
Decided on July 2, 2008.
PRESENT: RIOS, J.P., PESCE and GOLIA, JJ.
Appeal from an order of the Civil Court of the City of New York, Queens County (Lee A. Mayersohn, J.), entered June 28, 2007. The order denied plaintiff's motion for summary judgment.
Order reversed without costs and plaintiff's motion for summary judgment granted.
Plaintiff commenced the instant suit to recover a $2,532 balance due for medical services rendered to defendant. The complaint also asserted a cause of action for an account stated. Plaintiff moved for summary judgment on the cause of action for services rendered. Defendant argued that the services rendered were unnecessary and that, in any event, the charges for said services were not fair and reasonable.
The performance by plaintiff and acceptance of the services by defendant gave rise to an inference that an implied contract to pay for the reasonable value of such services existed ( see Shapira v United Med. Serv., 15 NY2d 200; Crouse Irving Hosp. v City of Syracuse, 283 App Div 394 [1954], affd 308 NY 844). Furthermore, plaintiff established that the charges for the services rendered were fair and reasonable ( see Huntington Hosp. v Abrandt , 4 Misc 3d 1 [App Term, 9th 10th Jud Dists 2004]). Although defendant made the bald, conclusory statement that the medical services rendered were unnecessary, in the absence of competent expert medical proof supporting defendant's contention, the opposition papers were insufficient to raise a triable issue of fact to defeat the motion for summary judgment ( see generally Viacom Intl. v Midtown Realty Co., 193 AD2d 45, 55; Fashion Ribbon Co. Inc. v Carnival Creations Inc. , 5 Misc 3d 137[A], 2004 NY Slip Op 51564[U] [App Term, 2d 11th Jud Dists 2004]).
Accordingly, the order denying plaintiff's motion for summary judgment is reversed, and plaintiff's motion is granted.
Rios, J.P., Pesce and Golia, JJ., concur.