Baker v Barnett

[*1] Baker v Barnett 2005 NYSlipOp 50572(U) Decided on April 19, 2005 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 19, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. PHYLLIS GANGEL-JACOB, Justices.
570501/04

Sarah Baker, Plaintiff-Appellant,

against

Keith Barnett, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered June 7, 2004 after trial (Lucy Billings, J.) in favor of defendant dismissing the action.

PER CURIAM:

Judgment entered June 7, 2004 (Lucy Billings, J.) affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). Applying that limited standard of review, we find no cause to substitute our judgment for that of the trial court in dismissing the action after a thorough hearing. The evidence, fairly interpreted, supports a finding that defendant rendered legal services pursuant to plaintiff's retainer, and no basis is shown for a return of the legal fee previously paid to defendant in connection with defendant's representation of plaintiff in the underlying action.

This constitutes the decision and order of the Court.
Decision Date: April 19, 2005