Donald K. Koch, P.C. v Reilly

[*1] Donald K. Koch, P.C. v Reilly 2007 NY Slip Op 51178(U) [15 Misc 3d 145(A)] Decided on June 8, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 8, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2006-999 S C.

Donald K. Koch, P.C., Respondent,

against

Patricia Reilly, Appellant.

Appeal from a judgment of the District Court of Suffolk County, First District (James P. Flanagan, J.), entered January 31, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $6,251.20.

Judgment affirmed without costs.

Plaintiff commenced the instant action to recover for unpaid attorney's fees. Contrary to defendant's contention on appeal, the court considered her payment to plaintiff in the sum of $1,500 when it made its determination awarding defendant the principal sum of $6,251.20. Plaintiff testified at trial that he had credited defendant's $1,500 payment and that the amount he sought to recover only represented the balance due. We note that while defendant attached to her appellate brief a copy of a cancelled check in the sum of $254 payable to plaintiff to establish that she made another payment to plaintiff and that the judgment should be modified to reflect same, said evidence is dehors the record and cannot be considered by this court (see Chimarios v Duhl, 152 AD2d 508 [1989]). Accordingly, the judgment is affirmed.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: June 8, 2007