Opinion
No. 571071/12.
2013-03-27
Samson OGUNLOYE, Plaintiff–Appellant, v. Vivian WILLIAMS, Defendant–Respondent.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), entered May 9, 2012, after trial, in favor of defendant dismissing the action.
Present: LOWE, III, P.J., SHULMAN and SCHOENFELD, JJ.
PER CURIAM.
Judgment (Arlene P. Bluth, J.), entered May 9, 2012, affirmed, without costs.
Applying the narrow standard of review governing appeals in small claims actions ( seeCCA 1807), and giving due deference to the trial court's factual findings and its negative assessment of the plaintiff's credibility ( see Williams v. Roper, 269 A.D.2d 125 [2000],lv dismissed95 N.Y.2d 898 [2000] ), we find no basis to substitute our judgment for that of the trial court in dismissing the action. Plaintiff failed to establish that he was entitled to a refund of the retainer fee previously paid to the defendant-attorney for properly-earned services.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.