Stewart v Wade

[*1] Stewart v Wade 2014 NY Slip Op 50146(U) Decided on February 6, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 6, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ
571015/13.

George Stewart, Plaintiff-Appellant, - -

against

Locksley O. Wade, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), entered on or about December 13, 2012, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Gerald Lebovits, J.), entered on or about December 13, 2012, affirmed, without costs.

The record and the ends of "substantial justice" (CCA 1807) support the dismissal after trial of this small claims action. Plaintiff failed to establish that he was entitled to a refund of the retainer previously paid to defendant in connection with the legal services defendant was hired to perform. The evidence, including defendant's consistent and plausible trial testimony, supports a finding that defendant earned the legal fee here in dispute by negotiating a favorable settlement of the underlying improper practice claim filed by plaintiff against his public sector employer.

Although the trial court did not render a decision in conformity with CPLR 4213(b), we find, upon our independent review of the complete record (see Weckstein v Breitbart, 111 AD2d 618 [1995]), that the evidence supports the court's determination.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 06, 2014