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Creditone, LLC v Douglas
2011 NY Slip Op 50787(U) [31 Misc 3d 140(A)]
Decided on April 26, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 26, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and STEINHARDT, JJ
.

Creditone, LLC, Respondent, NO~ 2010-1398 K C

against

GIBBON E. DOUGLAS, Appellant.


Appeal from a decision of the Civil Court of the City of New York, Kings County (Ernest Cavallo, J.H.O.), dated December 16, 2009, deemed from a judgment of the same court entered January 28, 2010 (see CPLR 5520 [c]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $10,638.98.


ORDERED that the judgment is affirmed, without costs.

In this action to recover for breach of a credit card agreement and upon an account stated, the Civil Court, after a nonjury trial, awarded plaintiff the principal sum of $10,638.98.

The decision of a 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]). As the record supports the Civil Court's conclusions, we find no basis to disturb the judgment. Accordingly, the judgment is affirmed.

Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: April 26, 2011