Rokosz v Belmont Watkins Realty Corp.
Decided on June 16, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ
Shrage Rokosz, Plaintiff-Appellant,
Belmont Watkins Realty Corp., Defendant-Respondent.
Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York
County (Analisa Torres, J.), enter on or about October 13, 2004, after a nonjury trial, in favor of
defendant dismissing the complaint.
Judgment (Analisa Torres, J.), entered on or about October 13, 2004, affirmed, with $25 costs.
On a nonjury trial, the decision of the fact-finding court should not be disturbed on appeal unless the court's conclusions could not have been reached under any fair interpretation of the evidence (see Thoreson v Penthouse International, Ltd., 80 NY2d 490, 495 ). Applying that review standard here, we sustain the post-trial dismissal of this action to recover a real estate broker's commission, a disposition based upon the trial court's express and fully supported factual finding that plaintiff made false misrepresentations and concealed crucial information from defendant, and its conclusion that the August 15, 2000 real estate brokerage agreement was "the product of trickery and betrayal." We find no basis to disturb Civil Court's findings, which rest primarily on considerations relating to the credibility of witnesses (see Claridge Gardens v Menotti, 160 AD2d 544 ).
This Constitutes the Decision and Order of the Court.
Decision Date: June 16, 2008