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Jennifer C. Sereni v. Stella Mehboob and Singh Sarbgit

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


March 29, 2013

JENNIFER C. SERENI,
RESPONDENT,
v.
STELLA MEHBOOB AND SINGH SARBGIT,
APPELLANTS.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered June 24, 2011.

Sereni v Mehboob

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 29, 2013

PRESENT: RIOS, J.P., WESTON and ALIOTTA, JJ

The judgment, after a non-jury trial, awarded plaintiff the principal sum of $3,641.45.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this negligence action to recover for property damage to her automobile resulting from a collision. After a non-jury trial, the Civil Court awarded judgment in favor of plaintiff in the principal sum of $3,641.45.

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 [1990]). In the case at bar, defendant Singh Sarbgit admitted at trial that defendants' car had backed into plaintiff's vehicle. As the record supports the Civil Court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

Rios, J.P., Weston and Aliotta, JJ., concur. Decision Date: March 29, 2013

20130329

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