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

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 9, 2006
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered November 3, 2004, after 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.