| Jun Xiao v Jianming Shen |
| 2006 NY Slip Op 51390(U) [12 Misc 3d 141(A)] |
| Decided on July 18, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Ellen Gesmer, J.), entered on or about April 28, 2005, after trial, in favor of defendant dismissing the action.
PER CURIAM:
Judgment (Ellen Gesmer, J.), entered on or about April 28, 2005, affirmed, without costs.
The dismissal after trial of this small claims action seeking damages for legal malpractice achieves substantial justice consistent with substantive law principles (see CCA 1807), where plaintiff failed to establish the existence of an attorney-client relationship with defendant (see Fleissler v Bayroff, 266 AD2d 34 [1999]). While a formal retainer agreement is not essential to the formation of such a relationship, there was no showing that defendant undertook to render specific legal services or advice (see Sucese v Kirsh, 199 AD2d 718, 719 [1993]).
This constitutes the decision and order of the court.
I concur I concur I concur
Decision Date: July 18, 2006