Kleet Lumber Co. v. Sherri Construction Corp.

Appellate Division of the Supreme Court of New York

Kleet Lumber Co. v. Sherri Construction Corp.

270 A.D.2d 394, 705 N.Y.S.2d 253, 2000 N.Y. App. Div. LEXIS 2975

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

DecidedMarch 20, 2000

StatusPublished

This text of 270 A.D.2d 394 (Kleet Lumber Co. v. Sherri Construction Corp.) 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

Kleet Lumber Co. v. Sherri Construction Corp., 270 A.D.2d 394, 705 N.Y.S.2d 253, 2000 N.Y. App. Div. LEXIS 2975 (N.Y. Ct. App. 2000).

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Opinion

—In an action, inter alia, to enforce a personal guarantee, the defendants appeal from an interlocutory judgment of the Supreme Court, Nassau County (Collins, J.H.O.), dated April 15, 1999, which, after a nonjury trial, is in favor of the plaintiff and against them on the issue of liability.

Ordered that the interlocutory judgment is affirmed, with costs.

A determination of the fact-finding court should not be disturbed on appeal unless the court’s conclusions could not be reached by any fair interpretation of the evidence, especially in cases resting in large part on the credibility of witnesses (see, Thoreson v Penthouse Intl., 80 NY2d 490, 495; Coverdale v Zucker, 261 AD2d 429; Matter of Allstate Ins. Co. v McMahon, 251 AD2d 571). The Supreme Court’s determination that the defendant Anthony Tichner signed the personal guarantee at issue is supported by a fair interpretation of the evidence.

The defendants’ remaining contentions are without merit. Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.

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—In an action, inter alia, to enforce a personal guarantee, the defendants appeal from an interlocutory judgment of the Supreme Court, Nassau County (Collins, J.H.O.), dated April 15, 1999, which, after a nonjury trial, is in favor of the plaintiff and against them on the issue of liability.

Ordered that the interlocutory judgment is affirmed, with costs.

A determination of the fact-finding court should not be disturbed on appeal unless the court’s conclusions could not be reached by any fair interpretation of the evidence, especially in cases resting in large part on the credibility of witnesses (see, Thoreson v Penthouse Intl., 80 NY2d 490, 495; Coverdale v Zucker, 261 AD2d 429; Matter of Allstate Ins. Co. v McMahon, 251 AD2d 571). The Supreme Court’s determination that the defendant Anthony Tichner signed the personal guarantee at issue is supported by a fair interpretation of the evidence.

The defendants’ remaining contentions are without merit. Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.

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Bluebook (online)

270 A.D.2d 394, 705 N.Y.S.2d 253, 2000 N.Y. App. Div. LEXIS 2975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kleet-lumber-co-v-sherri-construction-corp-nyappdiv-2000.

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