Garr v. Kinberg

Judgment, Supreme Court, New York County (Faula Oman-sky, J), entered November 8, 2002, upon a jury verdict in favor of plaintiff, in the principal amount of $28,639.35, unanimously affirmed, with costs.

In this action to recover legal fees, the jury was entitled to credit plaintiff attorney’s testimony concerning his compliance with 22 NYCRR 136.5 (a) and, based upon that testimony, to conclude that defendant client had been afforded the requisite notice of her right to arbitrate the fee dispute. Nor, under the circumstances presented, in which plaintiff substantially complied with 22 NYCRR…