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Creditone v. Douglas

Appellate Term of the Supreme Court of New York, Second Department
Apr 26, 2011
2011 N.Y. Slip Op. 50787 (N.Y. App. Term 2011)

Opinion

No. 2010-1398 K C.

Decided April 26, 2011.

Appeal from a decision of the Civil Court of the City of New York, Kings County (Ernest Cavallo, J.H.O.), dated December 16, 2009, deemed from a judgment of the same court entered January 28, 2010 (see CPLR 5520 [c]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $10,638.98.

ORDERED that the judgment is affirmed, without costs.

PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ.


In this action to recover for breach of a credit card agreement and upon an account stated, the Civil Court, after a nonjury trial, awarded plaintiff the principal sum of $10,638.98.

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). As the record supports the Civil Court's conclusions, we find no basis to disturb the judgment. Accordingly, the judgment is affirmed.

Pesce, P.J., Weston and Steinhardt, JJ., concur.


Summaries of

Creditone v. Douglas

Appellate Term of the Supreme Court of New York, Second Department
Apr 26, 2011
2011 N.Y. Slip Op. 50787 (N.Y. App. Term 2011)
Case details for

Creditone v. Douglas

Case Details

Full title:CREDITONE, LLC, Respondent, v. GIBBON E. DOUGLAS, Appellant

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

Date published: Apr 26, 2011

Citations

2011 N.Y. Slip Op. 50787 (N.Y. App. Term 2011)