Goldstein v Hoagland

[*1] Goldstein v Hoagland 2005 NY Slip Op 51932(U) [10 Misc 3d 129(A)] Decided on November 22, 2005 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: November 22, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
2004-1696 RO C

David I. Goldstein, Esq., Respondent,

against

James Hoagland, Appellant.

Appeal from a judgment of the Justice Court of the Village of Chestnut Ridge, Rockland County (Joseph E. Suarez, J.), entered September 22, 2004. The judgment, after a nonjury trial, awarded plaintiff the sum of $500.

Judgment unanimously reversed without costs and action dismissed.

Plaintiff commenced the instant action to recover the sum of $1,000 for unpaid services. Plaintiff, an attorney, testified that he entered into an oral retainer agreement with defendant for the sum of $2,500 to represent the defendant in a criminal action. In addition, defendant agreed to reimburse him an additional $1,000 if the matter went to trial. On the date of trial, defendant entered into a plea agreement. Thereafter, plaintiff billed defendant for the sum of $1,000. It is well settled that a retainer agreement between an attorney and client must be construed most favorably to the client (see Shaw v Manufacturers Hanover Trust Co., 68 NY2d 172 [1986]). Therefore, since the criminal matter never went to trial (see Vanek v Spivak, 2002 NY Slip Op 50703[U] [App Term, 9th and 10th Jud Dists]), we are of the opinion that plaintiff was not entitled to recover an additional trial fee of $1,000 from defendant.
Decision Date: November 22, 2005