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Behar v. Slotnick

Appellate Term of the Supreme Court of New York, Second Department
Feb 17, 2006
2006 N.Y. Slip Op. 50249 (N.Y. App. Term 2006)

Opinion

2005-475 NC.

Decided February 17, 2006.

Appeal from an amended judgment of the District Court of Nassau County, Second District (Vito M. DeStefano, J.), entered October 25, 2004. The amended judgment, after a nonjury trial, awarded plaintiff the principal sum of $500, plus attorney's fees in the amount of $750, as against defendant Maurice Lipschik.

Amended judgment unanimously affirmed without costs.

PRESENT: RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.


In this commercial claims action brought by plaintiff law firm to recover the balance due for legal services rendered to defendants in a landlord/tenant matter, plus attorney's fees in accordance with the retainer agreement, we are satisfied that the record supports plaintiff's recovery against defendant, and that "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (UDCA 1807-A [a]).

Notwithstanding that the amended judgment was entered upon defendant's default, inasmuch as defendant sought to review the court's award of $500, a matter which was "the subject of contest below," the amended judgment was reviewable ( see CPLR 5511; James v. Powell, 19 NY2d 249, 256).


Summaries of

Behar v. Slotnick

Appellate Term of the Supreme Court of New York, Second Department
Feb 17, 2006
2006 N.Y. Slip Op. 50249 (N.Y. App. Term 2006)
Case details for

Behar v. Slotnick

Case Details

Full title:LEON I. BEHAR, P.C., Respondent, v. GAIL SLOTNICK, Defendant, and MAURICE…

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

Date published: Feb 17, 2006

Citations

2006 N.Y. Slip Op. 50249 (N.Y. App. Term 2006)
815 N.Y.S.2d 494