12 W. 47th St. v. Amari

Full title: 612 West 47th STREET L.L.C. Plaintiff-Appellant, v. URI AMARI d/b/a AMU…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Oct 14, 2009

2009 N.Y. Slip Op. 52055 (N.Y. App. Term 2009)

901 N.Y.S.2d 911

Opinion

570484/09.

Decided October 14, 2009.

Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York County (Saliann Scarpulla, J.), entered on or about March 13, 2008, after a nonjury trial, in favor of defendant dismissing the action.

PRESENT: McKeon, P.J., Heitler, Shulman, JJ.

PER CURIAM.

Judgment (Saliann Scarpulla, J.), entered on or about March 13, 2008, affirmed, with $25 costs.

A fair interpretation of the evidence supports the trial court's determination that defendant was only responsible for paying half of the monthly rent for the leased premises, with another individual (a nonparty) responsible for the remaining half. We reject plaintiff's assertion that the trial court erred in considering pleadings verified by the parties in this (and a related) action ( see e.g. Bogoni v Friedlander, 197 AD2d 281, 291-292; Prince, Richardson on Evidence § 8-215 [Farrell 11th ed]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.