Appellate Division of the Supreme Court of the State of New York June 17, 1996 (Gold v. Charlotte Finn Inc.)

*553In June 1991 the plaintiffs engaged the defendant Charlotte Finn Incorporated (hereinafter CFI), an interior design firm, to produce a plan for the redecoration of the plaintiffs’ master bedroom and bath. The parties executed a written agreement which called for a nonrefundable "design retainer fee” of $5,000.