DOUGLAS v. BONUS (2021)

Supreme Court, Appellate Term, New York,

Gerald DOUGLAS, Plaintiff-Appellant, v. Justin BONUS, Defendant-Respondent.

570107 /21

Decided: October 20, 2021

PRESENT: Edmead, P.J., McShan, Hagler, JJ.

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.

Per Curiam.

All concur.

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