| Morales v Wilens & Baker, P.C. |
| 2009 NY Slip Op 52350(U) [25 Misc 3d 138(A)] |
| Decided on November 19, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City
of New York, New York County (Manuel J. Mendez, J.), entered on or about August 21, 2006,
after trial, in favor of plaintiff in the principal sum of $1,750.
Per Curiam.
Judgment (Manuel J. Mendez, J.), entered August 21, 2006, modified to reduce the principal amount of the award to $1,000, and as so modified, affirmed, without costs.
In this small claims action seeking recovery of a retainer fee paid by plaintiff to defendant law firm, the trial evidence supports the trial court's finding that defendant was entitled to retain the portion of the fee that represented the reasonable value of the legal services performed by defendant. Upon our review of the record, we conclude that the ends of "substantial justice" (CCA 1807) are best served by limiting plaintiff's recovery to $1,000, an amount commensurate with defendant's principal's own testimony as to the law firm's customary fee for the type of services rendered.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 19, 2009