TBS Latin America Liner, Ltd. v Abbey Sea Shipping Services de Consultores Navales S.A.

TBS Latin Am. Liner, Ltd. v Abbey Sea Shipping Servs. de Consultores Navales S.A. 2006 NY Slip Op 01088 [26 AD3d 196] February 9, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 19, 2006

TBS Latin America Liner, Ltd., Respondent,
v
Abbey Sea Shipping Services de Consultores Navales S.A. et al, Appellants.

—[*1]Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered November 3, 2004, after a nonjury trial, awarding plaintiff the principal sum of $161,500.29, unanimously affirmed, with one bill of costs.

The court's findings that the promissory note was a valid and binding obligation intended by the parties to be enforceable, and was not merely a formality for plaintiff's bondholders, were supported by a fair interpretation of the evidence. Witness credibility was central to this trial, and no reason has been offered to warrant disturbing the court's findings (see e.g. Saperstein v Lewenberg, 11 AD3d 289 [2004]).

Defendants' contention that the trial court improperly restricted their introduction of evidence is not supported by the record. Concur—Mazzarelli, J.P., Saxe, Sullivan, Nardelli and Williams, JJ.