Opinion
11-06-2014
Regine LEGRAND, Plaintiff–Respondent, v. Guilene GANICH, et al., Defendants–Appellants.
Paula Schwartz Frome, Garden City, for appellants. Law Office of Frederic R. Abramson, New York (Frederic R. Abramson of counsel), for respondent.
Paula Schwartz Frome, Garden City, for appellants.
Law Office of Frederic R. Abramson, New York (Frederic R. Abramson of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Arthur F. Engoron, J.), entered April 22, 2013, against defendants in plaintiff's favor in the aggregate amount of $81,121.92, unanimously affirmed, without costs.
Following a nonjury trial, the court concluded that plaintiff made a loan to defendants rather than an equity investment in their business. This decision, which was based on the credibility of the witnesses, is entitled to deference, and could have been reached under a fair interpretation of the evidence (see e.g. Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495, 591 N.Y.S.2d 978, 606 N.E.2d 1369 [1992] ; Matter of Metropolitan Transp. Auth., 86 A.D.3d 314, 320, 927 N.Y.S.2d 67 [1st Dept.2011] ).
MAZZARELLI, J.P., ACOSTA, DeGRASSE, CLARK, JJ., concur.