Cavell v. Sialiano

Appellate Division of the Supreme Court of New York

Cavell v. Sialiano

279 A.D.2d 599, 719 N.Y.S.2d 869, 2001 N.Y. App. Div. LEXIS 838

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

DecidedJanuary 29, 2001

StatusPublished

Cited by1 cases

This text of 279 A.D.2d 599 (Cavell v. Sialiano) 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

Cavell v. Sialiano, 279 A.D.2d 599, 719 N.Y.S.2d 869, 2001 N.Y. App. Div. LEXIS 838 (N.Y. Ct. App. 2001).

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Opinion

In an action, inter alia, to recover damages for fraud, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Barone, J.), entered February 23, 2000, which, upon a jury verdict, is in favor of the defendants and against him dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs contention, the Supreme Court properly charged the jury that the standard of proof for establishing fraud is clear and convincing evidence (see, Simcuski v Saeli, 44 NY2d 442; Rudman v Cowles Communications, 30 NY2d 1). Furthermore, we perceive no reason to disturb the jury’s determination, which was based upon an assessment of the plaintiffs credibility and a fair interpretation of the evidence (see, Tarantino v Vanguard Leasing Co., 187 AD2d 422; Brugellis v Batts, 129 AD2d 545).

The plaintiffs remaining contentions are either unpreserved for appellate review or without merit. Ritter, J. P., Friedmann, H. Miller and Smith, JJ., concur.

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In an action, inter alia, to recover damages for fraud, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Barone, J.), entered February 23, 2000, which, upon a jury verdict, is in favor of the defendants and against him dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs contention, the Supreme Court properly charged the jury that the standard of proof for establishing fraud is clear and convincing evidence (see, Simcuski v Saeli, 44 NY2d 442; Rudman v Cowles Communications, 30 NY2d 1). Furthermore, we perceive no reason to disturb the jury’s determination, which was based upon an assessment of the plaintiffs credibility and a fair interpretation of the evidence (see, Tarantino v Vanguard Leasing Co., 187 AD2d 422; Brugellis v Batts, 129 AD2d 545).

The plaintiffs remaining contentions are either unpreserved for appellate review or without merit. Ritter, J. P., Friedmann, H. Miller and Smith, JJ., concur.

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Bluebook (online)

279 A.D.2d 599, 719 N.Y.S.2d 869, 2001 N.Y. App. Div. LEXIS 838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cavell-v-sialiano-nyappdiv-2001.

Opinion

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