Abbate v. Estate of Kane

256 A.D.2d 428, 683 N.Y.S.2d 857, 1998 N.Y. App. Div. LEXIS 13481

Opinion

—In an action to recover damages for breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Franco, J.), entered November 19, 1998, which, after a non-jury trial, dismissed the complaint. The plaintiff’s notice of appeal from a decision dated October 27, 1997, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff’s contention, the court’s conclusion that he was paid in full by the defendants was based upon a fair interpretation of the evidence (see, Greenberg v Behlen, 220 AD2d 720; Universal Leasing Servs. v Flushing Hae Kwan Rest., 169 AD2d 829; Nicastro v Park, 113 AD2d 129). Rosenblatt, J. P., Copertino, McGinity and Luciano, JJ., concur.