[*1]
| Williams v Andrew Spinnell LLC |
| 2013 NY Slip Op 51866(U) [41 Misc 3d 134(A)] |
| Decided on November 14, 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| This opinion is uncorrected and will not be
published in the printed Official Reports. |
SUPREME COURT, APPELLATE TERM, FIRST
DEPARTMENT
PRESENT: Shulman, J.P., Schoenfeld, Hunter, Jr., JJ
570388/13.
Patricia V. Williams,
Plaintiff-Respondent,
against
Andrew Spinnell LLC, and Law Offices of Andrew J. Spinell,
LLC, Defendants-Appellants.
Defendants appeal a judgment of the Small Claims Part of the Civil Court of the City
of New York, New York County (Andrea Masley, J.), entered on or about August 13,
2012, after trial, in favor of plaintiff and awarding her damages in the principal sum of
$1,609, and dismissing defendants' counterclaim.
Per Curiam.
Judgment (Andrea Masley, J.), entered on or about August 13, 2012, affirmed,
without costs.Plaintiff's recovery of a portion of the retainer fee initially advanced to
defendants was consistent with the record and the ends of "substantial justice" (CCA
1804, 1807), as it reflected the trial court's adequately supported factual determination as
to the reasonable value of the legal services rendered by defendants prior to their
discharge. Particularly in the context of small claims cases, the decision of the
fact-finding court is entitled to deference where, as here, it rests in large measure on
considerations relating to the credibility of witnesses (see Williams v Roper, 209
AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
| NOVEMBER 14, 2013 |
| SUPREME COURT, APPELLATE TERM, FIRST
DEPARTMENT |
| | | | | | | | |
| | | | | | | | October 2013 Term |
| Shulman, J.P., Schoenfeld, Hunter, Jr., JJ. |
|
Patricia V. Williams, NY County Clerk's
Plaintiff-Respondent,No. 570388/13
-
against-
Andrew Spinnell LLC, and LawCalendar No. 13-366
Offices of Andrew J. Spinell, LLC,
Defendants-Appellants.
Defendants appeal a judgment of the Small Claims Part of the Civil Court of the
City of New York, New York County (Andrea Masley, J.), entered on or about August
13, 2012, after trial, in favor of plaintiff and awarding her damages in the principal sum
of $1,609, and dismissing defendants' counterclaim.
Per Curiam.
Judgment (Andrea Masley, J.), entered on or about August 13, 2012, affirmed,
without costs.Plaintiff's recovery of a portion of the retainer fee initially advanced to
defendants was consistent with the record and the ends of "substantial justice" (CCA
1804, 1807), as it reflected the trial court's adequately supported factual determination as
to the reasonable value of the legal services rendered by defendants prior to their
discharge. Particularly in the context of small claims cases, the decision of the
fact-finding court is entitled to deference where, as here, it rests in large measure on
considerations relating to the credibility of witnesses (see Williams v Roper, 209
AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 14, 2013
Decision Date: November 14, 2013