Opinion
570501/05.
Decided May 3, 2006.
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Eileen Koretz, J.), entered January 3, 2005, after trial, in favor of plaintiff in the principal sum of $5,000.
Judgment (Eileen Koretz, J.), entered January 3, 2005, modified to reduce the principal amount of the award to $4,000, and as modified, affirmed, without costs.
PRESENT: DAVIS, J.P., SCHOENFELD, JJ.
In this action to recover expert's fees for review of a medical malpractice case, the trial evidence supports a finding that plaintiff was entitled to recover the reasonable value of her work shown to have been rendered at defendant's request based upon quantum meruit ( see Precision Foundations v. Ives, 4 AD3d 589). However, upon our independent review of the nature and extent of the services rendered by plaintiff, we conclude that then ends of substantial justice (CCA 1807) will best be served by limiting plaintiff's recovery in quantum meruit as indicated.
This constitutes the decision and order of the court.