Jaikaran v. Marin

21 A.D.3d 991, 800 N.Y.S.2d 848

This text of 21 A.D.3d 991 (Jaikaran v. Marin) 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
Jaikaran v. Marin, 21 A.D.3d 991, 800 N.Y.S.2d 848 (N.Y. Ct. App. 2005).

Opinion

In an action for a divorce and ancillary relief, the plaintiff appeals from (1) a decision of the Supreme Court, Kings County (Amrosio, J.), dated September 24, 2003, made after a nonjury trial, and (2) a judgment of the same court dated November 13, 2003, which, upon the decision, dismissed the complaint.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,

Ordered that the judgment is affirmed; and it is further,

[992]*992Ordered that one bill of costs is awarded to the defendant.

A determination rendered by a court after a nonjury trial should not be disturbed on appeal “unless it is clear that its conclusions could not have been reached under any fair interpretation of the evidence” (Ardmar Realty Co. v Building Inspector of Vil. of Tuckahoe, 5 AD3d 517, 518 [2004]). The trial court’s determination was supported by a fair interpretation of the evidence.

The plaintiff’s remaining contentions are without merit. Schmidt, J.P., S. Miller, Santucci and Skelos, JJ., concur.

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Related

Ardmar Realty Co. v. Building Inspector of the Village of Tuckahoe
5 A.D.3d 517 (Appellate Division of the Supreme Court of New York, 2004)
Schicchi v. J. A. Green Construction Corp.
100 A.D.2d 509 (Appellate Division of the Supreme Court of New York, 1984)

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Bluebook (online)
21 A.D.3d 991, 800 N.Y.S.2d 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaikaran-v-marin-nyappdiv-2005.