Opinion
1206
May 28, 2002.
Order and judgment (one paper), Supreme Court, New York County (Diane Lebedeff, J.), entered November 28, 2001, after a nonjury trial, which awarded plaintiff damages in the total sum of $15,443.32, unanimously affirmed, with costs.
GEORGE PANTERIS, for plaintiff-respondent.
RONALD FRANCIS, for defendant-appellant.
Before: Nardelli, J.P., Saxe, Ellerin, Wallach, Lerner, JJ.
The trial evidence, fairly interpreted, permitted the trial court to conclude that defendant breached its contract with plaintiff, a painting subcontractor. In so doing, defendant frustrated plaintiff's capacity to complete its contractual obligations. No reason has been set forth by defendant to disturb the trial court's findings of fact, particularly since they rest, in large measure, on considerations relating to the credibility of witnesses (see, 300 E. 24th St. Co. v. Habeeb, 248 A.D.2d 50, 54-55). In view of defendant contractor's wrongful termination of the parties' contract prior to completion, plaintiff was accordingly entitled to recover in quauntum meruit for the value of the work performed (cf., Knoll v. Cape Cod Sea Food Rest., Ltd., 35 A.D.2d 976,affd 35 N.Y.2d 917). The proof of defendant contractor's acceptance of plaintiff's services and of the reasonable value of those services was sufficient to support the award in plaintiff's favor.
We have considered defendant-appellant's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.