Metro. Switch Bd. Mfg. Co. v. B & G Elec. Contractors, Div. of B & G Indus., Inc.
Decision Date | 06 June 2012 |
Citation | 946 N.Y.S.2d 178,96 A.D.3d 725,2012 N.Y. Slip Op. 04324 |
Parties | METROPOLITAN SWITCH BOARD MANUFACTURING COMPANY, Inc., appellant, v. B & G ELECTRICAL CONTRACTORS, DIVISION OF B & G INDUSTRIES, INC., respondent. |
Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Beck & Strauss, PLLC, Uniondale, N.Y. (Leland Stuart Beck of counsel), for appellant.
Farrell Fritz, P.C., Uniondale, N.Y. (Jason S. Samuels and Michael A.H. Schoenberg of counsel), for respondent.
MARK C. DILLON, J.P., THOMAS A. DICKERSON, L. PRISCILLA HALL, and SANDRA L. SGROI, JJ.
In an action to recover in quantum meruit, the plaintiff appealsfrom a judgment of the Supreme Court, Suffolk County (Baisley, Jr., J.), entered October 4, 2011, which, upon a decision of the same court dated September 26, 2011, made after a nonjury trial, is in favor of the defendant and against it on the defendant's counterclaim alleging breach of contract in the principal sum of $99,370.92.
ORDERED that the judgment is modified, on the law, by reducing the award from the principal sum of $99,370.92 to the principal sum of $4,370.92; as so modified, the judgment is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of an appropriate amended judgment.
In reviewing a determination made after a nonjury trial, the power of this Court is as broad as that of the trial court, and this Court may render the judgment it finds “warranted by the facts,” bearing in mind that in a close case, the trial judge had the advantage of seeing the witnesses and hearing the testimony ( Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809).
The Supreme Court properly found that the plaintiff failed to establish a claim in quantum meruit. The plaintiff could not recover in quantum meruit in light of the existence of an enforceable contract governing the subject matter ( see Clark–Fitzpatrick, Inc. v. Long Is. R.R. Co., 70 N.Y.2d 382, 388–389, 521 N.Y.S.2d 653, 516 N.E.2d 190;cf. A. Montilli Plumbing & Heating Corp. v. Valentino, 90 A.D.3d 961, 962, 935 N.Y.S.2d 647;Wehrum v. Illmensee, 74 A.D.3d 796, 797, 902 N.Y.S.2d 607).
The Supreme Court properly determined that the defendant was entitled to recover damages from the plaintiff on its counterclaim alleging breach of contract. The defendant showed, by a preponderance of the credible evidence, that the plaintiff breached its contract with the defendant ( see Tri–Mar Contrs. v. Itco Drywall, 74 A.D.2d 601,...
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