Opinion
No. 570953/14.
03-04-2015
Betty GRAHAM, Plaintiff–Respondent, v. Harry WHITE, Defendant–Appellant.
Opinion
Appeal from decision (James E. d'Auguste, J.), “entered” June 20, 2014, deemed an appeal from the ensuing judgment (same court and Judge), entered June 27, 2014, and so considered (see CPLR 5520[c] ), judgment affirmed, without costs.
Giving due deference to the trial court's express factual findings and its negative assessment of the defendant's credibility (see Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495 [1992] ), we sustain the judgment issued in plaintiff's favor. A fair interpretation of the evidence, particularly the April 12, 2012 handwritten agreement shown (and now admitted) to have been signed by defendant memorializing the existence and amount of the debt sued upon, supports a finding that plaintiff lent money to defendant which defendant failed to repay.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.