Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about March 31, 2004 after inquest (Cynthia S. Kern, J.) in favor of plaintiff, awarding him damages in the sum of $1,042.62.

PER CURIAM:

Judgment entered on or about March 31, 2004 (Cynthia S. Kern, J.) affirmed, without costs.

In this small claims action to recover fees for legal services rendered by plaintiff at defendant's behest, we are satisfied that the judgment in plaintiff's favor achieved substantial justice between the parties in accordance with the rules and principles of substantive law (Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]; CCA 1807). Defendant's argument that the Small Claims Part was without subject matter jurisdiction because plaintiff allegedly failed to comply with the rules concerning mandatory fee dispute arbitration pursuant to Part 137 of the Rules of the Chief Administrative Judge was properly rejected in the Civil Court. The record establishes that the matter was dismissed without prejudice on this ground, on motion of defendant, with leave to plaintiff to restore upon proof of compliance with the Part 137 rules. Plaintiff then complied and defendant thereafter failed to avail herself of the opportunity to proceed to arbitration after she was notified by plaintiff of her rights and of the [*2]procedure. Plaintiff moved to restore the action, which motion was unopposed by defendant, who then failed to proceed to trial after her motion for an adjournment following successive "final" markings was denied. The matter was set down for inquest, at which defendant offered no evidence.

Defendant's claim that plaintiff is a partnership was also properly rejected by Civil Court, as defendant offered no evidence to refute plaintiff's statement that he was a sole practitioner and has never been a partner in any law firm.

This constitutes the decision and order of the court.
I concur.
I concur.
I concur.
Decision Date: April 25, 2005