Otto v. Triangle Aviation Services, Inc.

Appellate Division of the Supreme Court of New York

Otto v. Triangle Aviation Services, Inc.

1 A.D.2d 582, 767 N.Y.S.2d 657

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

DecidedNovember 24, 2003

StatusPublished

This text of 1 A.D.2d 582 (Otto v. Triangle Aviation Services, Inc.) 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

Otto v. Triangle Aviation Services, Inc., 1 A.D.2d 582, 767 N.Y.S.2d 657 (N.Y. Ct. App. 2003).

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Opinion

In an action, inter alia, to recover damages for breach of an employment agreement, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Lally, J.), entered January 31, 2002, which, after a nonjury trial, is in favor of him and against the defendant in the sum of only $56,141.37.

Ordered that the judgment is affirmed, with costs.

The determination of the trial court after a nonjury trial should not be disturbed on appeal unless its conclusions could not have been reached upon any fair interpretation of the evi[583]*583dence, especially where the findings of fact rest in large measure on considerations relating to the credibility of witnesses (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]; Loughran v Town of Eastchester, 299 AD2d 329 [2002]; Matter of Hartford Ins. Co. v Khan, 279 AD2d 524, 525 [2001]). The trial court’s rejection of the plaintiff’s interpretation of the disputed phrase regarding sales bonuses is supported by a fair interpretation of the evidence. The trial court’s determinations of the particular accounts attributable to the plaintiffs efforts, and the amount of damages were also supported by a fair interpretation of the evidence. Altman, J.E, Smith, Friedmann and Crane, JJ., concur.

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In an action, inter alia, to recover damages for breach of an employment agreement, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Lally, J.), entered January 31, 2002, which, after a nonjury trial, is in favor of him and against the defendant in the sum of only $56,141.37.

Ordered that the judgment is affirmed, with costs.

The determination of the trial court after a nonjury trial should not be disturbed on appeal unless its conclusions could not have been reached upon any fair interpretation of the evi[583]*583dence, especially where the findings of fact rest in large measure on considerations relating to the credibility of witnesses (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]; Loughran v Town of Eastchester, 299 AD2d 329 [2002]; Matter of Hartford Ins. Co. v Khan, 279 AD2d 524, 525 [2001]). The trial court’s rejection of the plaintiff’s interpretation of the disputed phrase regarding sales bonuses is supported by a fair interpretation of the evidence. The trial court’s determinations of the particular accounts attributable to the plaintiffs efforts, and the amount of damages were also supported by a fair interpretation of the evidence. Altman, J.E, Smith, Friedmann and Crane, JJ., concur.

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Bluebook (online)

1 A.D.2d 582, 767 N.Y.S.2d 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/otto-v-triangle-aviation-services-inc-nyappdiv-2003.

Opinion

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