WU v. FEINSTEIN

Full title: JING CHUN WU, Plaintiff-Appellant, v. BRUCE FEINSTEIN, Defendant-Respondent

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

Date published: Jan 4, 2006

2006 N.Y. Slip Op. 50006 (N.Y. App. Term 2006)

814 N.Y.S.2d 562

Opinion

570500/05.

Decided January 4, 2006.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Matthew F. Cooper, J.), entered on or about November 5, 2004, after trial, in favor of defendant dismissing the action.

Judgment (Matthew F. Cooper, J.) entered on or about November 5, 2004 affirmed, without costs.

PRESENT: SUAREZ, P.J., DAVIS, SCHOENFELD, JJ

PER CURIAM:

The record and ends of "substantial justice" (CCA 1807) support the dismissal, after trial, of this small claims action. Plaintiff failed to establish that she was entitled to a full refund of the retainer previously paid to defendant in connection with legal services he was hired to perform ( see Jacobson v. Sassower, 66 NY2d 991, 992). Defendant's testimony, credited by the court, established the number and reasonableness of the hours he expended on plaintiff's behalf. We note that defendant returned a portion of the retainer to plaintiff. This constitutes the decision and order of the court.