SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
April 26, 2011
GIBBON E. DOUGLAS,
Appeal from a decision of the Civil Court of the City of New York, Kings County (Ernest Cavallo, J.H.O.), dated December 16, 2009, deemed from a judgment of the same court entered January 28, 2010 (see CPLR 5520 [c]).
Creditone, LLC v Douglas
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on April 26, 2011
PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ.
The judgment, after a non-jury trial, awarded plaintiff the principal sum of $10,638.98.
ORDERED that the judgment is affirmed, without costs.
In this action to recover for breach of a credit card agreement and upon an account stated, the Civil Court, after a non-jury trial, awarded plaintiff the principal sum of $10,638.98.
The decision of a fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 ). As the record supports the Civil Court's conclusions, we find no basis to disturb the judgment. Accordingly, the judgment is affirmed.
Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: April 26, 2011
© 1992-2011 VersusLaw Inc.