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Nervo v. Peck

Appellate Term of the Supreme Court of New York, First Department
Mar 19, 2004
2004 N.Y. Slip Op. 50183 (N.Y. App. Term 2004)

Opinion

570759/03.

Decided March 19, 2004.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about April 30, 2003 after trial (Geoffrey D. Wright, J.), in favor of the defendant dismissing the action.

Judgment entered on or about April 30, 2003 (Geoffrey D. Wright, J.) affirmed, without costs.

PRESENT: HON. WILLIAM P. McCOOE, J.P., 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 record supports a finding that defendant rendered legal services pursuant to plaintiff's retainer, and no basis is shown for a return of the legal fees previously paid.

This constitutes the decision and order of the court.


Summaries of

Nervo v. Peck

Appellate Term of the Supreme Court of New York, First Department
Mar 19, 2004
2004 N.Y. Slip Op. 50183 (N.Y. App. Term 2004)
Case details for

Nervo v. Peck

Case Details

Full title:LOUISE NERVO, Plaintiff-Appellant, v. LAWRENCE PECK, Defendant-Respondent

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

Date published: Mar 19, 2004

Citations

2004 N.Y. Slip Op. 50183 (N.Y. App. Term 2004)