Ogunloye v Williams

[*1] Ogunloye v Williams 2013 NY Slip Op 50435(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 This opinion is uncorrected and will not be published in the printed Official Reports.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
571071/12.

Samson Ogunloye, Plaintiff-Appellant,

against

Vivian Williams, 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 (Arlene P. Bluth, J.), entered May 9, 2012, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Arlene P. Bluth, J.), entered May 9, 2012, 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 factual findings and its negative assessment of the plaintiff's credibility (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]), we find no basis to substitute our judgment for that of the trial court in dismissing the action. Plaintiff failed to establish that he was entitled to a refund of the retainer fee previously paid to the defendant-attorney for properly-earned services.

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