From Casetext: Smarter Legal Research

BATSHEVER v. ASEN

Appellate Term of the Supreme Court of New York, First Department
Dec 27, 2005
2005 N.Y. Slip Op. 52157 (N.Y. App. Term 2005)

Opinion

570671/05.

Decided December 27, 2005.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Jeffrey K. Oing, J.), entered June 23, 2005, after trial, in favor of defendants dismissing the action.

Judgment (Jeffrey K. Oing, J.), entered June 23, 2005, affirmed, without costs.

PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ.


The post-trial dismissal of this small claims action achieved substantial justice consistent with the rules and principles of substantive law (CCA 184, 1807), where plaintiff failed to demonstrate that defendants breached the terms of their retainer agreement or their duty to "exercise the ordinary reasonable skills and knowledge commonly possessed by a member of the legal profession" ( Darby Darby v. VSI International, 95 NY2d 308, 313).

This constitutes the decision and order of the court.


Summaries of

BATSHEVER v. ASEN

Appellate Term of the Supreme Court of New York, First Department
Dec 27, 2005
2005 N.Y. Slip Op. 52157 (N.Y. App. Term 2005)
Case details for

BATSHEVER v. ASEN

Case Details

Full title:VICTOR BATSHEVER, Plaintiff-Appellant, v. MICHAEL ASEN and BORIS SEREBRO…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Dec 27, 2005

Citations

2005 N.Y. Slip Op. 52157 (N.Y. App. Term 2005)
814 N.Y.S.2d 559