Brant v Barreto

[*1] Brant v Barreto 2009 NY Slip Op 51859(U) [24 Misc 3d 145(A)] Decided on September 1, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 1, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570193/08.

Linus Brant, Plaintiff-Respondent,

against

Nelson Barreto, Defendant-Appellant.

Defendant appeals from an amended judgment of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), entered on or about April 29, 2009, after a nonjury trial, in favor of plaintiff and awarding him damages in the principal sum of $7,500.

Per Curiam.
Amended judgment (Arthur F. Engoron, J.), entered on or about April 29, 2009, affirmed, without costs.

On a nonjury trial, the decision of the fact-finding court should not be disturbed unless the court's conclusions could not have been reached under any fair interpretation of the evidence (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]). Applying that standard of review here, we sustain the court's liability determination in plaintiff's favor in this civil action for assault and battery, a disposition based upon the trial court's express and fully supported factual finding that "defendant was solely responsible for initiating the subject altercation." This finding rested in large measure upon matters of credibility, which the court, sitting as fact-finder, was uniquely situated to make. Nor did the amount of the damage award deviate materially from what would be reasonable compensation (see CPLR 5501[c]). We have considered defendant's remaining argument and find it lacking in merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: September 01, 2009