German v Tognetti

[*1] German v Tognetti 2009 NY Slip Op 50865(U) [23 Misc 3d 137(A)] Decided on May 6, 2009 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 6, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570718/08.

Alexander German, Plaintiff-Appellant,

against

Tognetti, Defendant-Respondent.

Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), entered September 3, 2008, after a nonjury trial, in favor of defendant dismissing the complaint.

Per Curiam.

Judgment (Peter H. Moulton, J.), entered September 3, 2008, affirmed, without costs.

In the absence of any contractual privity between the parties, and giving due deference to the trial court's assessment of plaintiff's testimony as "evasive ... and not credible," we sustain the dismissal after trial of plaintiff's breach of contract action (see Vogel v Lyman, 246 AD2d 422 [1998]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 06, 2009