04-2-6474 Fox v. Drozd, App. Div. (per curiam) (11 pp.) Plaintiff appeals from a judgment entered on his claim alleging that defendant breached her contract to pay for legal services rendered by plaintiff. Plaintiff sought payment in the amount of $53,029.25 for fees and costs, interest due under the terms of the retainer agreement in the amount of $11,130, plus pre- and post-judgment interest and counsel fees. Defendant filed an answer in which she acknowledged the contract but denied breach, fraud and any outstanding debt. She also asserted affirmative defenses seeking offset on the ground that the fees were excessive and the services unnecessary. Following trial, the judge concluded that plaintiff’s billing records were inadequate to establish a breach of the contract or that plaintiff rendered services for which he had not been fairly compensated. Accordingly, the judge dismissed the complaint with prejudice. The judge did not find that there was no contract; to the contrary, she found that plaintiff failed to establish that defendant owed fees under the terms of the retainer agreement. Because that determination is based upon factual findings and assessments of credibility that are supported by the record and entitled to deference, the appellate panel affirms.
