| Brown v Joseph A. Altman, P.C. |
| 2013 NY Slip Op 51406(U) [40 Misc 3d 139(A)] |
| Decided on August 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of
the City of New York, Bronx County (Fernando Tapia, J.), entered July 20, 2011, after
trial, in favor of plaintiff and awarding her damages in the principal sum of $1,750.
Per Curiam.
Judgment (Fernando Tapia, J.), entered July 20, 2011, affirmed, without costs.
The small claims judgment in plaintiff's favor, representing the unused portion of the retainer paid to the defendant-attorney, finds support in the record and accomplishes "substantial justice" (CCA 1804, 1807) between the parties. Although the trial court did not render a decision in conformity with CPLR 4213(b), we find, upon our independent review of the complete record (see Weckstein v Breitbart, 111 AD2d 618 [1995]), that the evidence supports the court's determination.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 27, 2013