Opinion
2002-11O9WC.
Decided December 2, 2003.
Appeal by defendant from a judgment of the Justice Court, Town of New Castle, County of Westchester (L. Lenihan, J.), entered July 2, 2002, which awarded plaintiff the principal sum of $2,200.
Judgment unanimously affirmed with $25 costs.
PRESENT: DOYLE, P.J., LIFSON and RUDOLPH, JJ.
In this action to recover money loaned to defendant, defendant conceded that plaintiff loaned her $2,200. In addition, defendant drafted and signed a letter dated April 24, 2001 wherein she acknowledged the existence of the debt and promised to satisfy it upon the sale of her house. However, after defendant sold her house, she failed to satisfy the debt. At trial, defendant claimed that plaintiff subsequently forgave the debt, but she proffered no evidence, other than her bare testimony, to support her claim that the debt was forgiven. Inasmuch as the evidence adduced at trial was legally sufficient to support the determination that defendant was still liable to plaintiff for the debt ( see Cohen v. Hallmark Cards, 45 NY2d 493) and the determination was not against the weight of the evidence ( see General Obligations Law § 5-1103; Lolik v. Big V Supermarkets, 86 NY2d 744), the judgment must be affirmed.
Defendants remaining contentions lack merit ( see Banushi v. Lambrakos, 305 AD2d 524).