POWER COOLING INC v. Signature Construction Group, Inc., Defendant-Respondent. (2005)

Judgment, Supreme Court, New York County (Charles Edward Ramos, J.), entered March 25, 2004, after a nonjury trial, awarding plaintiff the principal sum of $28,825, unanimously affirmed, without costs.

The trial court's fact-finding was based on a fair interpretation of the evidence and will not be disturbed (see Chase Manhattan Bank v. Each Individual Underwriter Bound to Lloyd's Policy No. 790/004A89005, 287 A.D.2d 303, 731 N.Y.S.2d 150 [2001] ).   Since the letter of intent, dated February 5, 2001, did not contain all the material terms of the contract, including time, manner of performance and payment schedule (see e.g. Allied Sheet Metal Works v. Kerby Saunders, Inc., 206 A.D.2d 166, 619 N.Y.S.2d 260 [1994] ), and the parties did not execute the AIA contract, there was no binding agreement such as would sustain a claim for breach of contract (see Metropolitan Steel Indus. v. Citnalta Constr. Corp., 302 A.D.2d 233, 754 N.Y.S.2d 278 [2003] ).   Under the circumstances, damages in quantum meruit were appropriate (see Frank v. Feiss, 266 A.D.2d 825, 698 N.Y.S.2d 363 [1999] ).   There was no entitlement to damages for alleged unpaid claims on other projects because plaintiff's documentation did not meet the criteria for business records (CPLR 4518), and its witnesses had no personal knowledge that the alleged work had been done.