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GEORGE STEWART, plfapp, v. LOCKSLEY O. WADE, def-res

14-006. GEORGE STEWART, plfapp, v. LOCKSLEY O. WADE, def-res — Judgment (Gerald Lebovits, J.), entered on or about December 13, 2012, affirmed, without costs.

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14-006. GEORGE STEWART, plfapp, v. LOCKSLEY O. WADE, def-res — Judgment (Gerald Lebovits, J.), entered on or about December 13, 2012, affirmed, without costs.

The record and the ends of “substantial justice” (CCA 1807) support the dismissal after trial of this small claims action. Plaintiff failed to establish that he was entitled to a refund of the retainer previously paid to defendant in connection with the legal services defendant was hired to perform. The evidence, including defendant’s consistent and plausible trial testimony, supports a finding that defendant earned the legal fee here in dispute by negotiating a favorable settlement of the underlying improper practice claim filed by plaintiff against his public sector employer.

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