TBS Latin America Liner, Ltd. v. Abbey Sea Shipping Services de Consultores Navales S.A.

Appellate Division of the Supreme Court of New York

TBS Latin America Liner, Ltd. v. Abbey Sea Shipping Services de Consultores Navales S.A.

26 A.D.3d 196, 808 N.Y.S.2d 898

Appellate Division of the Supreme Court of the State of New York·Decided February 9, 2006·Published

Opinion

Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered November 3, 2004, af[197] ter a nonjury trial, awarding plaintiff the principal sum of $161,500.29, unanimously affirmed, with one bill of costs.

The court’s findings that the promissory note was a valid and binding obligation intended by the parties to be enforceable, and was not merely a formality for plaintiffs bondholders, were supported by a fair interpretation of the evidence. Witness credibility was central to this trial, and no reason has been offered to warrant disturbing the court’s findings (see e.g. Saperstein v Lewenberg, 11 AD3d 289 [2004]).

Defendants’ contention that the trial court improperly restricted their introduction of evidence is not supported by the record. Concur—Mazzarelli, J.P., Saxe, Sullivan, Nardelli and Williams, JJ.

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Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered November 3, 2004, af[197] ter a nonjury trial, awarding plaintiff the principal sum of $161,500.29, unanimously affirmed, with one bill of costs.

The court’s findings that the promissory note was a valid and binding obligation intended by the parties to be enforceable, and was not merely a formality for plaintiffs bondholders, were supported by a fair interpretation of the evidence. Witness credibility was central to this trial, and no reason has been offered to warrant disturbing the court’s findings (see e.g. Saperstein v Lewenberg, 11 AD3d 289 [2004]).

Defendants’ contention that the trial court improperly restricted their introduction of evidence is not supported by the record. Concur—Mazzarelli, J.P., Saxe, Sullivan, Nardelli and Williams, JJ.

TBS Latin America Liner, Ltd. v. Abbey Sea Shipping Services de Consultores Navales S.A., 26 A.D.3d 196, 808 N.Y.S.2d 898 (N.Y. Ct. App. 2006).

Pincite

26 A.D.3d 196 (TBS Latin America Liner, Ltd. v. Abbey Sea Shipping Services de Consultores Navales S.A.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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