| Leon I. Behar, P.C. v Slotnick |
| 2006 NY Slip Op 50249(U) [11 Misc 3d 128(A)] |
| Decided on February 17, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an amended judgment of the District Court of Nassau County, Second District (Vito M. DeStefano, J.), entered October 25, 2004. The amended judgment, after a nonjury trial, awarded plaintiff the principal sum of $500, plus attorney's fees in the amount of $750, as against defendant Maurice Lipschik.
Amended judgment unanimously affirmed without costs.
In this commercial claims action brought by plaintiff law firm to recover the balance due for legal services rendered to defendants in a landlord/tenant matter, plus attorney's fees in accordance with the retainer agreement, we are satisfied that the record supports plaintiff's recovery against defendant, and that "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (UDCA 1807-A [a]).
Notwithstanding that the amended judgment was entered upon defendant's default, inasmuch as defendant sought to review the court's award of $500, a matter which was "the subject of contest below," the amended judgment was reviewable (see CPLR 5511; James v Powell, 19 NY2d 249, 256 [1969]).
Decision Date: February 17, 2006