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 § 1400.2 and § 1400.3, rendered substantial services and achieved a reasonably favorable result, is plaintiff's recovery of legal fees precluded by his late filing of the parties' retainer agreement ( see Flanagan v. Flanagan, 267 A.D.2d 80). Finally, the trial evidence, fairly considered ( see Nicastro v. Park, 113 A.D.2d 129, 136), amply supported the jury verdict awarding plaintiff the full amount of legal fees requested.
We have considered defendant's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.