Opinion
2008-926 K C.
Decided May 22, 2009.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered May 30, 2008. The judgment, insofar as appealed from, after a nonjury trial, dismissed the complaint.
Judgment, insofar as appealed from, affirmed without costs.
PRESENT: WESTON, J.P., GOLIA and STEINHARDT, JJ.
Plaintiff commenced this action to recover a retainer fee she paid to defendant, an attorney, to represent her in an action. Defendant counterclaimed to recover the sum of $10,000 for services rendered. After a nonjury trial, the Civil Court determined that plaintiff had failed to establish her entitlement to a refund of the retainer fee and dismissed plaintiff's complaint as well as the counterclaim. Plaintiff appeals from so much of the judgment as dismissed her complaint.
Upon a review of the record on appeal, we are of the opinion that the Civil Court properly found that plaintiff failed to establish a prima facie case. Accordingly, the judgment, insofar as appealed from, is affirmed.
Weston, J.P., Golia and Steinhardt, JJ., concur.