| Jing Chun Wu v Feinstein |
| 2006 NY Slip Op 50006(U) [10 Misc 3d 138(A)] |
| Decided on January 4, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Matthew F. Cooper, J.), entered on or about November 5, 2004, after trial, in favor of defendant dismissing the action.
PER CURIAM:
Judgment (Matthew F. Cooper, J.) entered on or about November 5, 2004 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 she was entitled to a full refund of the retainer previously paid to defendant in connection with legal services he was hired to perform (see Jacobson v. Sassower, 66 NY2d 991, 992 [1985]). 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 returned a portion of the retainer to plaintiff. This constitutes the decision and order of the court.
Decision Date: January 04, 2006