Triboro Pharm. Inc. v Singh

[*1] Triboro Pharm. Inc. v Singh 2018 NY Slip Op 50917(U) Decided on June 18, 2018 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 18, 2018
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Ling-Cohan, J.P., Cooper, Edmead, JJ.
570205/18

Triboro Pharmacy Inc., Plaintiff-Appellant,

against

Bikram Singh, Esq., 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 (Joan M. Kenney, J.), entered on or about January 9, 2018, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Joan M. Kenney, J.), entered on or about January 9, 2018, affirmed, without costs.

The record and ends of "substantial justice" (CCA 1807) support the dismissal, after trial, of this small claims action. Plaintiff failed to establish that it was entitled to a further refund of the fees previously paid to defendant-attorney 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. We note that defendant had already voluntarily refunded more than one-third of the legal fees paid by plaintiff.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: June 18, 2018