Felix v Hymowitz

[*1] Felix v Hymowitz 2007 NY Slip Op 50547(U) [15 Misc 3d 127(A)] Decided on March 21, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 21, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ
570470/06.

Yves J. Felix, Plaintiff-Appellant,

against

Lee O. Hymowitz, Defendant-Respondent.

Plaintiff, as limited by his brief, appeals from that portion of a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County, (Jeffrey K. Oing, J.), entered on or about January 24, 2006, after trial, which limited his recovery of damages to the principal sum of $500.

PER CURIAM:

Judgment (Jeffrey K. Oing, J.), entered on or about January 24, 2006, affirmed, without costs.

On this record, and in view of plaintiff's failure to show a causal connection between the legal fees he incurred after retaining another attorney and the alleged failure of defendant to return plaintiff's client file as requested, we are satisfied that the damage award in plaintiff's favor was neither inadequate nor
inconsistent with the mandate of "substantial justice" (CCA 1807).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 21, 2007