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12 W. 47th St. L.L.C. v Amari
2009 NY Slip Op 52055(U) [25 Misc 3d 126(A)]
Decided on October 14, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 14, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Heitler, Shulman, JJ
570484/09.

612 West 47th Street L.L.C. Plaintiff-Appellant,

against

Uri Amari d/b/a Amu International Defendant-Respondent.


Plaintiff appeals from a judgment of the Civil Court of the City of New York, New York County (Saliann Scarpulla, J.), entered on or about March 13, 2008, after a nonjury trial, in favor of defendant dismissing the action.


Per Curiam.

Judgment (Saliann Scarpulla, J.), entered on or about March 13, 2008, affirmed, with $25 costs.

A fair interpretation of the evidence supports the trial court's determination that defendant was only responsible for paying half of the monthly rent for the leased premises, with another individual (a nonparty) responsible for the remaining half. We reject plaintiff's assertion that the trial court erred in considering pleadings verified by the parties in this (and a related) action (see e.g. Bogoni v Friedlander, 197 AD2d 281, 291-292 [1994]; Prince, Richardson on Evidence § 8-215 [Farrell 11th ed]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 14, 2009