Siguencia v Kaplan

[*1] Siguencia v Kaplan 2009 NY Slip Op 50994(U) [23 Misc 3d 140(A)] Decided on May 21, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 21, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, JJ
570479/08.

Daniel Siguencia, Plaintiff-Appellant,

against

Benjamin Kaplan, 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 (Arthur F. Engoron, J.), entered on or about March 31, 2008, after trial, in favor of defendant dismissing the action.

Per Curiam:

Judgment (Arthur F. Engoron, J.), entered on or about March 31, 2008, affirmed, without costs.

Applying the narrow standard of review governing appeals in small claims cases (see CCA 1807), and giving due deference to the trial court's express factual finding that defendant attorney adequately represented plaintiff in the underlying litigation, we sustain the dismissal after trial of plaintiff's action seeking the return of the modest legal
fee paid to defendant.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 21, 2009