Opinion
2007-952 W C.
Decided on November 19, 2008.
Appeal from a decision of the City Court of Mount Vernon, Westchester County (Brenda L. Dowery-Rodriguez, J.), dated November 29, 2006, deemed from a judgment of said court entered January 11, 2007 (see CPLR 5520 [c]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,275.35.
Judgment affirmed without costs.
PRESENT: RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ.
Plaintiff, a former employee of defendant, was paid four weeks' severance pay after she was laid off and seeks, inter alia, an additional two weeks' severance pay plus attorney's fees ( see Labor Law § 198). After a bench trial, the City Court awarded plaintiff two weeks' pay and attorney's fees. This appeal by defendant ensued.
On a bench trial, the decision of the fact-finding court should not be disturbed on appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses ( George A. Fuller Co. v Kensington-Johnson Corp., 234 AD2d 265, 266; Claridge Gardens v Menotti, 160 AD2d 544, 544-545; see also Benroal Realty Assoc., L.P. v Lowe , 9 Misc 3d 4 [App Term, 9th 10th Jud Dists 2005]). The City Court found that there was a written policy in effect from plaintiff's hire date until November of 1998 which allowed six weeks of severance pay, and that the policy was changed in November of 1998 to allow a maximum of four weeks of severance pay, but that plaintiff was not given notice of this change. Because defendant did not give plaintiff notice of the change to its severance policy, plaintiff was entitled to enforce the original agreement ( cf. General Elec. Tech. Servs. Co. v Clinton, 173 AD2d 86, 88; Waldman v Englishtown Sportswear, 92 AD2d 833, 835). Accordingly, the judgment is affirmed.
Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.