[*1]
Batshever v Asen
2005 NY Slip Op 52157(U) [10 Misc 3d 137(A)]
Decided on December 27, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 27, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ
570671/05.

Victor Batshever, Plaintiff-Appellant, No.

against

Michael Asen and Boris Serebro, Defendants-Respondents.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Jeffrey K. Oing, J.), entered June 23, 2005, after trial, in favor of defendants dismissing the action.


PER CURIAM

Judgment (Jeffrey K. Oing, J.), entered June 23, 2005, affirmed, without costs.

The post-trial dismissal of this small claims action achieved substantial justice consistent with the rules and principles of substantive law (CCA 184, 1807), where plaintiff failed to demonstrate that defendants breached the terms of their retainer agreement or their duty to "exercise the ordinary reasonable skills and knowledge commonly possessed by a member of the legal profession" (Darby & Darby v. VSI International, 95 NY2d 308, 313 [2001]).

This constitutes the decision and order of the court.
Decision Date: December 27, 2005