Douglas v. Bonus

73 Misc. 3d 132(A), 2021 NY Slip Op 50983(U)

• Court: Appellate Terms of the Supreme Court of New York
• Decided: October 20, 2021
• Docket: 570107/21
• Status: Unpublished

Opinion

Douglas v Bonus (2021 NY Slip Op 50983(U)) [*1]

Douglas v Bonus

2021 NY Slip Op 50983(U) [73 Misc 3d 132(A)]

Decided on October 20, 2021

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 20, 2021

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Edmead, P.J., McShan, Hagler, JJ.
570107/21

Gerald Douglas, Plaintiff-Appellant,

against

Justin Bonus, Defendant-Respondent.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, Bronx County (Marian C. Doherty, J.), entered January 13, 2020, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Marian C. Doherty, J.), entered January 13, 2020, affirmed, without costs.

Our review of the record satisfies us that the dismissal of plaintiff's claim achieved substantial justice between the parties consistent with substantive law principles (see CCA 1804, 1807; Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]). Plaintiff's claim to recover the retainer fee paid to defendant-law firm, based upon breach of contract, was properly dismissed, since the evidence supports the trial court's finding that defendant earned the $1,500 retainer fee by spending "various hours researching and reviewing the legal documentation pertaining to plaintiff's case" and that defendant could not proceed further without the complaining witnesses' medical records.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 20, 2021