Abbate v. Estate of Kane

Appellate Division of the Supreme Court of New York

Abbate v. Estate of Kane

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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 16, 1998

StatusPublished

This text of 256 A.D.2d 428 (Abbate v. Estate of Kane) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abbate v. Estate of Kane, 256 A.D.2d 428, 683 N.Y.S.2d 857, 1998 N.Y. App. Div. LEXIS 13481 (N.Y. Ct. App. 1998).

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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 [429]*429Rest., 169 AD2d 829; Nicastro v Park, 113 AD2d 129). Rosenblatt, J. P., Copertino, McGinity and Luciano, JJ., concur.

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—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 [429]*429Rest., 169 AD2d 829; Nicastro v Park, 113 AD2d 129). Rosenblatt, J. P., Copertino, McGinity and Luciano, JJ., concur.

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Bluebook (online)

256 A.D.2d 428, 683 N.Y.S.2d 857, 1998 N.Y. App. Div. LEXIS 13481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abbate-v-estate-of-kane-nyappdiv-1998.

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