| Zhang v Lesser |
| 2010 NY Slip Op 50394(U) [26 Misc 3d 143(A)] |
| Decided on March 11, 2010 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 an order of the Civil Court of the City of New York, New York
County (Barbara Jaffe, J.), entered March 20, 2009, after a nonjury trial, in favor of defendant
dismissing the action.
Per Curiam.
Order (Barbara Jaffe, J.), entered March 20, 2009, affirmed, without costs.
On a nonjury trial, the decision of the fact-finding court should not be disturbed on appeal
unless the court's conclusions could not have been reached under any fair interpretation of the
evidence (see Thoreson v Penthouse Intl., Ltd., 80 NY2d 490, 495 [1992]). Here, the
weight of the credible evidence supports the trial court's finding that defendant's alleged
negligence was not a proximate cause of the intersection collision. We find no basis to disturb
Civil Court's finding, which rested primarily on considerations relating to the credibility of the
witnesses (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). We have examined
plaintiff's remaining contentions and find them to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur