Opinion
570112/07.
Decided on February 8, 2008.
Defendant appeals from a judgment of the Civil Court of the City of New York, New York County (Saliann Scarpulla, J.), entered July 26, 2006, after a nonjury trial, in favor of plaintiff Tiffany Properties, LLC in the principal sum of $932.40, and in favor of plaintiff Sante Properties in the principal sum of $811.10.
Judgment (Geoffrey D. Wright, J.), entered July 26, 2006, affirmed, with $25 costs.
PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ.
A fair interpretation of the evidence supports the trial court's determination that the defendant insurance broker received refund checks representing unearned premiums on policies cancelled by the insured plaintiffs, and that defendant wrongfully failed to remit to plaintiffs the full amount due ( see Bohlinger v Zanger, 306 NY 228; Matter of Katzman v Lewis, 65 AD2d 739). Defendant's contention that the amount of the checks included his commission for earned premiums was unsupported by any competent evidence at trial.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.