Miller v. Carle

OPINION OF THE COURT

Memorandum.

Ordered that the judgment is modified by reducing the award in favor of plaintiff to the principal sum of $1,220; as so modified, the judgment is affirmed, without costs.

In this small claims action, plaintiff seeks to recover a $2,000 retainer fee that she had paid to defendant, an attorney. After a nonjury trial, the Justice Court awarded her the principal sum of $2,000.

The evidence at trial showed that, on October 12, 2010, plaintiff met with defendant to discuss the possibility of his representing her in a matrimonial matter, and gave him a bank check in the…