WIERCINSKI v. LAW FIRM OF STEVEN WARSHAWSKY (2021)

Judgment (Sabrina B. Kraus, J.), entered on or about October 16, 2019, 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 theories of breach of contract and fraud, was time-barred by the respective Statutes of Limitations (see CPLR 213[2],[8]). In any event, even if not time barred, the claim was properly dismissed on the merits, since plaintiff failed to establish that defendant breached the representation agreement between the parties, or that defendant's recommendation that plaintiff settle his federal case against his former employer was an attempt to defraud plaintiff.

Plaintiff's complaints about the informal conduct of the trial are unavailing, since when conducting hearings on small claims, the court is “not ․ bound by statutory provisions or rules of practice, procedure, pleading or evidence ․” (CCA 1804).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.