Opinion
2001-04996
Submitted September 12, 2002
October 1, 2002
In an action, inter alia, to recover in quantum meruit the reasonable value of services rendered, the defendant appeals from a judgment of the Supreme Court, Orange County (McGuirk, J.), entered April 26, 2001, which, after a nonjury trial, is in favor of the plaintiff and against it in the principal sum of $38,260.
John L. Trigilio, Buffalo, N.Y., for appellant.
Birbrower, Montalbano, Condon Frank, P.C., New City, N.Y. (Richard H. Sarajian of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, CORNELIUS J. O'BRIEN, HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed, with costs.
Contrary to the defendant's contention, the evidence adduced at trial supports the Supreme Court's determination that the plaintiff was entitled to recover in quantum meruit for services rendered to the defendant (see Paolangeli v. Thaler, 187 A.D.2d 881; Aluminum Fair v. Abdella, 90 A.D.2d 603). The plaintiff established the reasonable value of the services, and the amount awarded was not excessive (see Paolangeli v. Thaler, supra).
The defendant's remaining contention regarding the plaintiff's alleged failure to comply with the Lien Law is unpreserved for appellate review.
ALTMAN, J.P., FLORIO, O'BRIEN and H. MILLER, JJ., concur.