Defendant appeals from an order of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), entered August 4, 2008, which denied his motion to vacate plaintiff's notice of trial and compel discovery, and for partial summary judgment dismissing plaintiff's first cause of action.

Per Curiam.

Order (Arthur F. Engoron, J.), entered August 4, 2008, modified to grant defendant's motion for partial summary judgment dismissing plaintiff's first cause of action, and as modified, affirmed, with $10 costs.

Defendant-attorney's failure to comply with the rules on retainer agreements (see 22 NYCRR 1215.1) did not, in itself, provide a basis for the return of the retainer fee previously paid by plaintiff. Thus, plaintiff's first cause of action, based solely on defendant's noncompliance with the court rule, should have been dismissed (see Nicoll & Davis LLP v Ainetchi, 52 AD3d 412 [2008]; Seth Rubenstein, P.C. v Ganea, 41 AD3d 54 [2007]). Nor did the court abuse its discretion in denying defendant's motion to vacate the notice of trial and compel discovery, where there were no outstanding discovery demands and defendant failed to avail himself of the opportunity to conduct discovery prior to the filing of the notice of trial (see Rosenberg & Estis, P.C. v Bergos, 18 AD3d 218 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.