| German v Tognetti |
| 2009 NY Slip Op 50865(U) [23 Misc 3d 137(A)] |
| Decided on May 6, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York
County (Peter H. Moulton, J.), entered September 3, 2008, after a nonjury trial, in favor of
defendant dismissing the complaint.
Per Curiam.
Judgment (Peter H. Moulton, J.), entered September 3, 2008, affirmed, without costs.
In the absence of any contractual privity between the parties, and giving due deference to the trial court's assessment of plaintiff's testimony as "evasive ... and not credible," we sustain the dismissal after trial of plaintiff's breach of contract action (see Vogel v Lyman, 246 AD2d 422 [1998]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 06, 2009