Appeal from a judgment of the District Court of Suffolk County, Fourth District (Toni A. Bean, J.), entered December 20, 2004. The judgment, after a nonjury trial, dismissed the action.

Judgment reversed without costs and matter remanded to the court below for a new trial limited to the issue of damages.

In this small claims action, plaintiff sought to recover from defendants the value of unpaid dental and orthodontic services rendered to defendants' 15-year-old son, Nicholas. In our opinion, the lower court's dismissal of the action after trial did not
render substantial justice "between the parties according to the rules and principles of substantive law" (UDCA 1807).

It is well settled that a medical or dental provider is entitled to recover for professional services rendered, if not under express contract, then under an implied agreement to pay what they were reasonably worth (83A NY Jur 2d, Physicians, Surgeons, and Other Healers § 201). The performance and acceptance of such services may give rise to an inference of an implied contract to pay for their reasonable value (22A NY Jur 2d, Contracts § 591). The evidence at trial indicates that defendant Adrienne Crane was aware of the fact that plaintiff had made an impression of her son's teeth in preparation for orthodontic work, which belies her contention [*2]that no orthodontic work would be commenced until she made a deposit. Accordingly, in our opinion, insofar as the court found against plaintiff on the issue of liability, such finding cannot be sustained. However, there is a question of fact as to whether all the dental [*3]
work performed on Nicholas was paid for. Accordingly, substantial justice requires that the matter be remanded to the court below for a new trial limited to the issue of damages.

Rudolph, P.J., McCabe and Lippman, JJ., concur.
Decision Date: February 27, 2006