Graham v White
Annotate this CaseDecided on March 4, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
570953/14
Betty Graham, Plaintiff-Respondent,
against
Harry White, Defendant-Appellant.
Defendant appeals from a decision of the Civil Court of the City of New York, New York County, "entered" June 20, 2014 (James E. d'Auguste, J.), after a nonjury trial, in favor of plaintiff and awarding her damages in the principal sum of $23,000.
Per Curiam.
Appeal from decision (James E. d'Auguste, J.), "entered" June 20, 2014, deemed an appeal from the ensuing judgment (same court and Judge), entered June 27, 2014, and so considered (see CPLR 5520[c]), judgment affirmed, without costs.
Giving due deference to the trial court's express factual findings and its negative assessment of the defendant's credibility (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]), we sustain the judgment issued in plaintiff's favor. A fair interpretation of the evidence, particularly the April 12, 2012 handwritten agreement shown (and now admitted) to have been signed by defendant memorializing the existence and amount of the debt sued upon, supports a finding that plaintiff lent money to defendant which defendant failed to repay.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: March 04, 2015
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