| Obado v Manchanda |
| 2013 NY Slip Op 50434(U) [39 Misc 3d 129(A)] |
| Decided on March 27, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Civil Court of the City of New York, New
York County (Andrea Masley, J.), entered October 5, 2011, after inquest, in favor of
defendants dismissing the complaint.
Per Curiam.
Judgment (Andrea Masley, J.), entered October 5, 2011, affirmed, without costs.
The proof offered by plaintiff at inquest failed to establish his threshold entitlement to a refund of the retainer fee previously paid in connection with the legal services rendered by the individual defendant attorney and the defendant law firm. Plaintiff failed to substantiate his sweeping claims that defendants engaged in fraudulent or deceitful conduct in initially agreeing to undertake his representation. Nor did plaintiff otherwise demonstrate cause to terminate his attorney-client relationship with defendants, or show, prima facie, that the retainer fee was not earned. In this posture, plaintiff's prolix "indorsed" complaint, including his claim under Judiciary Law § 487, was properly dismissed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 27, 2013