Fross, Zelnick, Lehrman & Zissu, P.C. v Faro

[*1] Fross, Zelnick, Lehrman & Zissu, P.C. v Faro 2014 NY Slip Op 50431(U) Decided on March 21, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 21, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Torres, J.P., Shulman, Hunter, Jr., JJ
.

Fross, Zelnick, Lehrman & Zissu, P.C.,570361/13 Plaintiff-Respondent, - -

against

Michael M. Faro a/k/a Mota Faro, Kingridge, LLC and Unorth LLC d/b/a Kingridge, Defendants-Appellants.

Defendants appeal from a judgment of the Civil Court of the City of New York, New York County (Andrea Masley, J.), entered on or about July 11, 2012, after a nonjury trial, in favor of plaintiff and awarding it damages in the principal sum of $10,248.64.

Per Curiam.

Judgment (Andrea Masley, J.), entered on or about July 11, 2012, affirmed, with $25 costs, for the reasons stated by Andrea Masley, J. at Civil Court.

Giving due deference to the trial court's detailed factual findings and its negative assessment of the credibility of the individual defendant, we sustain the judgment issued in plaintiff's favor. The evidence, fairly interpreted, supports the court's express findings that plaintiff law firm rendered the legal services contracted for, and that defendants received and retained plaintiff's invoices over a period of five months without proper objection (see Geron v DeSantis, 89 AD3d 603 [2011]; Stphanie R. Cooper v Robert, 78 AD3d 572 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 21, 2014