Itskovich v Decker

[*1] Itskovich v Decker 2010 NY Slip Op 52046(U) [29 Misc 3d 138(A)] Decided on November 29, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 29, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Shulman, J.P., McKeon, Schoenfeld, JJ
570730/10.

Isabella Itskovich, Plaintiff-Appellant,

against

Alan B. Decker, 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 (Kibbie F. Payne, J.), entered February 3, 2010, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Kibbie F. Payne, J.), entered February 3, 2010, affirmed, without costs.

Applying the narrow standard of review governing appeals in small claims actions (see CCA 1807) and giving due deference to the trial court's findings of fact and credibility determinations (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we sustain the trial court's dismissal of this action. 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.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: November 29, 2010