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Tiffany Props., LLC v Stithos
2008 NY Slip Op 50226(U) [18 Misc 3d 136(A)]
Decided on February 8, 2008
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 8, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ
570112/07.

Tiffany Properties, LLC and Sante Properties, LLC, Plaintiffs-Respondents,

against

Vasilios Stithos d/b/a Northland Insurance Brokerage, Defendant-Appellant.


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.


Per Curiam.

Judgment (Geoffrey D. Wright, J.), entered July 26, 2006, affirmed, with $25 costs.

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 [1954]; Matter of Katzman v Lewis, 65 AD2d 739 [1978]). 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.
Decision Date: February 8, 2008