Opinion
570501/04.
Decided April 19, 2005.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered June 7, 2004 after trial (Lucy Billings, J.) in favor of defendant dismissing the action.
Judgment entered June 7, 2004 (Lucy Billings, J.) affirmed, without costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.
A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that "substantial justice has not been done between the parties according to the rules and principles of substantive law" (CCA 1807; see Williams v. Roper, 269 AD2d 125, lv dismissed 95 NY2d 898). Applying that limited standard of review, we find no cause to substitute our judgment for that of the trial court in dismissing the action after a thorough hearing. The evidence, fairly interpreted, supports a finding that defendant rendered legal services pursuant to plaintiff's retainer, and no basis is shown for a return of the legal fee previously paid to defendant in connection with defendant's representation of plaintiff in the underlying action.
This constitutes the decision and order of the Court.