Bogatin v Shah

[*1] Bogatin v Shah 2013 NY Slip Op 50429(U) Decided on March 27, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Schoenfeld, JJ
570766/12.

Marc Bogatin, Plaintiff-Respondent,

against

Sona Shah, Defendant-Appellant.

Defendant appeals from a judgment of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), entered March 21, 2012, after a jury trial, in favor of plaintiff and awarding him damages in the principal sum of $990, and dismissing defendant's counterclaim.

Per Curiam.

Judgment (Arlene P. Bluth, J.), entered March 21, 2012, affirmed, with $25 costs.

There is ample support in the trial evidence for the jury's finding that defendant lacked cause to discharge the plaintiff attorney, and, indeed, defendant does not now challenge the jury verdict on sufficiency or weight of the evidence grounds. Defendant's claims of error with respect to the court's jury instructions are unpreserved (see McCummings v New York City Tr. Auth., 177 AD2d 24, 31-32 [1992], affd 81 NY2d 923 [1993], cert denied 510 US 991 [1993]), and there is no fundamental error warranting discretionary review of the issue. In any event, while portions of the charge may have been less than ideal, any such deficiencies were harmless in light of the overwhelming record evidence that plaintiff's representation did not terminate due to attorney misconduct or other discharge for cause.

Defendant's remaining arguments, including her claim of bias on the part of the trial court, are lacking in merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 27, 2013