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GREHER LAW OFFICE, P.C., Respondent, v. Anthony PANTALEONE, Appellant.
ORDERED that, on the court's own motion, the notice of appeal from the oral decision dated September 4, 2018 is deemed a premature notice of appeal from the judgment entered October 5, 2018 (see CPLR 5520 [c]); and it is further,
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this action seeking the sum of $2,925, representing money defendant owed plaintiff pursuant to a Bankruptcy Court order awarding plaintiff that sum in legal fees. At a nonjury trial, attorney Warren Greher testified for plaintiff that his firm was seeking $2,925 from defendant for extra work that had been performed on defendant's behalf subsequent to the filing of the bankruptcy petition. Greher stated that pursuant to the local rules of the Southern District of New York and the Bankruptcy Court, any request for additional attorney's fees in a bankruptcy proceeding required the approval of the Bankruptcy Court. Plaintiff made an application in Bankruptcy Court for an allowance of additional attorney's fees based on additional work it had performed, and plaintiff gave defendant, its client, notice of that application, with attached copies of the retainer agreement and a statement pursuant to the Federal Rules of Bankruptcy Procedure rule 2016 (b), which sets forth the fee arrangement between plaintiff and defendant. There was no opposition to the application and, by order dated August 8, 2017, the United States Bankruptcy Court, Southern District of New York (Cecilia G. Morris, J.), granted the application for an allowance of $2,925. Defendant did not claim that he had paid that amount but argued that his signature on the retainer was forged. The Justice Court found that defendant's signature was genuine and awarded plaintiff a judgment in the principal sum of $2,925.
In reviewing a determination made after a nonjury trial, the power of this court is as broad as that of the trial court, and this court may render the judgment it finds warranted by the facts, bearing in mind that the determination of a trier of fact as to issues of credibility is given substantial deference, as a trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 NY2d 492, 499 [1983]; Hamilton v. Blackwood, 85 AD3d 1116 [2011]; Zeltser v. Sacerdote, 52 AD3d 824, 826 [2008]). Here, the record supports the Justice Court's determination in favor of plaintiff. The evidence consisted of the August 8, 2017 order of the United States Bankruptcy Court, Southern District of New York, which allowed plaintiff additional fees of $2,925. It is undisputed that defendant has never paid plaintiff that sum. Thus, there is no basis to disturb the Justice Court's findings.
Accordingly, the judgment is affirmed.
TOLBERT, J.P., ADAMS and RUDERMAN, JJ., concur.
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Docket No: 2019-10 OR C
Decided: April 09, 2020
Court: Supreme Court, Appellate Term, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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