Opinion
June 28, 2001.
Frederic C. Foster, Westhampton (Richard W. Vandenburgh of counsel), for appellant.
Valente Klein, P. C., New York City (Douglas Valente of counsel), for respondents.
FLOYD, P.J., COLABELLA and COPPOLA, JJ.
MEMORANDUM
Judgment unanimously affirmed without costs.
A review of the recond on appeal indicated that the parties entered into a signed written home inprovement contract on June 17, 1996 which stated that the plaintiffs were to perform certain air conditioning services at the defendent's residence. While the contract set forthe the plaintiffs' business address, the defendant's residence address, a description of the work to be performed, the type of ventilator fan which was to be installed and the cost of such work, it is devoid of the other terms required by General Business Law § 771 which governs home improvement contracts.
In our opinion, the lower court did not improvidently exercise its discretion in awarding judgment in favor of the plaintiffs who substantially performed under the contract. The contract indicated that there was a clear meeting of the minds between the parties. Under the circumstances, even absent full compliance with General Business Law § 771, the subject contract was enforceable ( see, Wowaka Sons v. Pardell, 242 A.D.2d 1; see also, Porter v. Bryant, 256 A.D.2d 395). We note that had there had been no signed written contract, the plaintiffs would have nevertheless been entitled to an award for completed work based on a theory of quantum merit ( see, Pepe v. Tannenbaum, 279 A.D.2d 620; Frank v. Feiss, 266 A.D.2d 825; William Conover, Inc. v. Waldorf, 251 A.D.2d 727)