Mian v Akhter
Annotate this CaseDecided on August 20, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-996 Q C
MD Adam Ali Mian, Respondent,
against
Maleka S. Akhter, Appellant.
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Ernest J. Cavallo, J.H.O.), entered December 3, 2012. The judgment, after a nonjury trial, awarded plaintiff the sum of $12,347.13, including interest and costs.
ORDERED that the judgment is affirmed, without costs.
Plaintiff, defendant's former landlord, commenced this action to recover
the sum of $10,000, representing rent at the monthly rate of $1,000 for the 10-month period from September 1, 2009 through June 30, 2010. After a nonjury trial, the Civil Court awarded plaintiff the sum of $12,347.13, including interest and costs.
The decision of a fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). In the case at bar, plaintiff proved he was owed rent by defendant, and defendant submitted no proof in support of her claim that her parents had paid the rent to plaintiff for the 10-month period in question. As the record supports the Civil Court's determination, we find no reason to disturb the judgment.
Accordingly, the judgment is affirmed.
Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: August 20, 2014
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