[*1]
Redford v Grier
2009 NY Slip Op 51032(U) [23 Misc 3d 141(A)]
Decided on May 22, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 22, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., GOLIA and STEINHARDT, JJ
2008-926 K C.

Saphyre Redford f/k/a Crystal Biton, Appellant,

against

Wilmer Hill Grier, Respondent.


Appeal from a judgment of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered May 30, 2008. The judgment, insofar as appealed from, after a nonjury trial, dismissed the complaint.


Judgment, insofar as appealed from, affirmed without costs.

Plaintiff commenced this action to recover a retainer fee she paid to defendant, an attorney, to represent her in an action. Defendant counterclaimed to recover the sum of $10,000 for services rendered. After a nonjury trial, the Civil Court determined that plaintiff had failed to establish her entitlement to a refund of the retainer fee and dismissed plaintiff's complaint as well as the counterclaim. Plaintiff appeals from so much of the judgment as dismissed her complaint.

Upon a review of the record on appeal, we are of the opinion that the Civil Court properly found that plaintiff failed to establish a prima facie case. Accordingly, the judgment, insofar as appealed from, is affirmed.

Weston, J.P., Golia and Steinhardt, JJ., concur.
Decision Date: May 22, 2009