Opinion
2021-50983
10-20-2021
Gerald Douglas, Plaintiff-Appellant, v. Justin Bonus, Defendant-Respondent.
Unpublished Opinion
MOTION DECISION
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Marian C. Doherty, J.), entered January 13, 2020, after trial, in favor of defendant dismissing the action.
PRESENT: Edmead, P.J., McShan, Hagler, JJ.
PER CURIAM.
Judgment (Marian C. Doherty, J.), entered January 13, 2020, affirmed, without costs.
Our review of the record satisfies us that the dismissal of plaintiff's claim achieved substantial justice between the parties consistent with substantive law principles (see CCA 1804, 1807; Williams v Roper, 269 A.D.2d 125, 126 [2000], lv dismissed 95 N.Y.2d 898 [2000]). Plaintiff's claim to recover the retainer fee paid to defendant-law firm, based upon breach of contract, was properly dismissed, since the evidence supports the trial court's finding that defendant earned the $1, 500 retainer fee by spending "various hours researching and reviewing the legal documentation pertaining to plaintiff's case" and that defendant could not proceed further without the complaining witnesses' medical records.
I concur