Pearson v Slavin

[*1] Pearson v Slavin 2015 NY Slip Op 51360(U) Decided on September 23, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 23, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P. Hunter, Jr., Ling-Cohan, JJ.
570628/15

Marcia Pearson, Plaintiff-Appellant,

against

Barton L. Slavin, Defendant-Respondent.

Plaintiff, as limited by her 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 (James E. d'Auguste, J.), entered on or about February 25, 2015, after trial, as limited her recovery of damages to the principal sum of $120.

Per Curiam.

Judgment (James E. d'Auguste, J.), entered on or about February 25, 2015, affirmed, without costs.

The amount of the damage award issued in plaintiff's favor upon the trial of the small claims action achieved "substantial justice" (CCA 1804, 1807) and was neither inadequate nor unreasonable. Plaintiff failed to establish that she was entitled to a full refund of the retainer previously paid to defendant in connection with legal services defendant was hired to perform. Defendant's testimony, credited by the court, established the number and reasonableness of the hours he expended on plaintiff's behalf and that defendant had already voluntarily reduced his bill by, at least, one-half.

We have examined plaintiff's remaining contentions and find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concurI concur
Decision Date: September 23, 2015