Igoni v University Towers Assoc.

[*1] Igoni v University Towers Assoc. 2007 NY Slip Op 51160(U) [15 Misc 3d 144(A)] Decided on June 1, 2007 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 1, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., RIOS and BELEN, JJ
2006-923 K C.

Adeline Igoni, Appellant,

against

University Towers Associates, Respondent,

Appeal on the ground of inadequacy from a judgment of the Civil Court of the City of New York, Kings County (Jack M. Battaglia, J.), entered February 22, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,500.

Judgment affirmed without costs.

In this action for property damage, the court awarded plaintiff the sum of $1,500 after finding that plaintiff was 50% responsible for the loss. The instant appeal by plaintiff ensued on the ground of inadequacy. We are of the opinion that the determination of the court below is supported by the record. It is well settled that the decision rendered by a court after a nonjury trial should not be disturbed on appeal unless it is clear that its conclusions could not have been reached under any fair
interpretation of the evidence (see e.g. Richard's Home Ctr. & Lbr. v Kraft, 199 AD2d 254 [1993]; Universal Leasing Servs. v Flushing Hae Kwan Rest., 169 AD2d 829, 830 [1991]). This is especially true where, as in the present matter, findings of fact rest largely upon the court's evaluation of the credibility of witnesses (see e.g. Claridge Gardens v Menotti, 160 AD2d 544 [1990]). As the court below fully explained its apportionment of liability in its decision accompanying the judgment, and as noted, the record supports these findings, the judgment is affirmed.

Golia, J.P., Rios and Belen, JJ., concur.