Liegey v Gerardi

Liegey v Gerardi 2011 NY Slip Op 01352 Decided on February 22, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 22, 2011
Tom, J.P., Sweeney, Acosta, Renwick, Manzanet-Daniels, JJ.
4342 111458/04

[*1]John R. Liegey, Plaintiff-Respondent,

v

Diane Gerardi, Defendant-Appellant, Carolyn Gerardi, et al., Defendants.




The Feldman Law Firm, P.C., New York (Alex Jonatowski of
counsel), for appellant.
Robert F. Wayburn, New York, for respondent.

Judgment, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered April 8, 2009, after a nonjury trial, awarding plaintiff the principal sum of $61,000 against defendant Diane Gerardi, unanimously affirmed, without costs.

Defendant failed to show that no fair interpretation of the evidence supports the trial court's finding that the ring was given to her in contemplation of marriage (see Matter of Allen v Black, 275 AD2d 207, 209 [2000]; Matter of Sonia C. [Juana F.], 70 AD3d 468, 468-469 [2010]).

We have considered defendant's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 22, 2011

CLERK