After he paid his lawyer to act as defense counsel in a criminal proceeding, Anthony Smith sued his attorney--Robert Weinstein--when that case never went to trial and got dismissed.
After the Kings County Civil Court awarded Smith $1,050, and dismissed Weinstein's counterclaim (which alleged that an additional $1,390 was due), the attorney appealed.
Because Weinstein never go to testify under oath, and the retainer agreement and billing records hadn't been introduced into evidence, the Appellate Term, Second Department, thought the case needed to be re-tried.
Look who's getting another shot.
To view a copy of the Appellate Term's decision, please use this link: Smith v. Weinstein