Borisovski v City of New York

[*1] Borisovski v City of New York 2013 NY Slip Op 52183(U) Decided on December 19, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 19, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
13-228.

Alexandre Borisovski, Plaintiff-Appellant, - - The

against

City of New York, Defendant-Respondent.

Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York County (Margaret A. Chan, J.), entered on or about February 27, 2012, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Margaret A. Chan, J.), entered on or about February 27, 2012, 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 dismissal of plaintiff's false imprisonment and related claims. The trial court, as factfinder, was warranted in rejecting plaintiff's version of the events underlying his claims and crediting the testimony of the responding police officer, which established that police lawfully ejected plaintiff from the premises based on his "belligerent" conduct and that plaintiff was neither confined nor offensively touched (see Gray v Macy's E., Inc., 25 AD3d 475 [2006]). Plaintiff's remaining points, including his assignment of error regarding the conduct of the trial, are lacking in merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 19, 2013