| Cohen v Arco-Wentworth Mgt. |
| 2006 NY Slip Op 52521(U) [14 Misc 3d 129(A)] |
| Decided on December 28, 2006 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), entered November 15, 2005. The judgment, after a nonjury trial, dismissed plaintiff's complaint and awarded defendant the sum of $340 in costs and disbursements.
Judgment affirmed without costs.
Plaintiff commenced suit to recover the sum of $16,168.26 for damages to her property caused by an alleged flood in her apartment. Upon a review of the record, we find that plaintiff failed to sustain her burden of showing any damages caused by the alleged flood. Moreover, in a bench trial, the decision of the 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 [1990]). We find no reason to disturb the judgment.
Pesce, P.J., Weston Patterson and Belen, JJ., concur.