New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
March 29, 2013
MELISSA E. TROTMAN, RESPONDENT, --
RONNY EITAN AND GREAT NECK SUZUKI, APPELLANTS.
Appeal from a judgment the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered October 25, 2011.
Trotman v Eitan
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This opinion is uncorrected and will not be published in the printed Official Reports.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 $8,504.25.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this action to recover damages for, among other things, the difference in the purchase price of a 2007 BMWi, as allegedly advertised and negotiated by defendants, and the price she actually paid for the vehicle. Following a non-jury trial, the Civil Court determined that the written contract should be reformed (see CCA 213) to indicate the lower purchase price for the vehicle as claimed by plaintiff (see e.g. Chimart Assoc. v Paul, 66 NY2d 570, 573-574 ; Greater NY Mut. Ins. Co. v United States Underwriters Ins. Co., 36 AD3d 441 ), and awarded plaintiff the difference, to wit, the principal sum of $8,504.25.
In reaching its decision, the Civil Court found plaintiff's testimony to be more credible than defendants'. We find no basis to disturb the court's credibility determination in favor of plaintiff. In view of the foregoing, the Civil Court properly awarded plaintiff the principal sum of $8,504.25.
Accordingly, the judgment is affirmed.
Rios, J.P., Weston and Aliotta, JJ., concur. Decision Date: March 29, 2013
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