[*1]
Robinson v Bernard
2014 NY Slip Op 50978(U) [44 Misc 3d 128(A)]
Decided on June 13, 2014
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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 13, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., SOLOMON and ELLIOT, JJ.
2013-254 Q C

Ludlow M. Robinson, Appellant,

against

Melrose Bernard, Respondent.


Appeal from a judgment of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered February 27, 2013. The judgment, after a nonjury trial, dismissed the complaint.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this action in Supreme Court, Queens County, to recover for, among other things, false arrest and malicious prosecution. The action was subsequently transferred to the Civil Court, Queens County, pursuant to CPLR 325 (d). After a nonjury trial, the Civil Court dismissed the complaint.

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]). Furthermore, the determination of a trier of fact as to issues of credibility is given substantial deference, as a trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Vizzari v State of New York, 184 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). As the record supports the trial court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

Pesce, P.J., Solomon and Elliot, JJ., concur.


Decision Date: June 13, 2014