HART v. CAPPA (2025)

Order and judgment (one paper), Supreme Court, New York County (James G. Clynes, J.), entered on or about January 18, 2024, and bringing up for review a decision after a nonjury trial, same court and Justice, entered October 5, 2023, which, to the extent appealed from, dismissed plaintiff's fourth cause of action for conversion, unanimously affirmed, without costs.

The decision following a non-jury trial should not be disturbed on appeal unless “it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses” (Thoreson v. Penthouse Intl., 179 A.D.2d 29, 31, 583 N.Y.S.2d 213 [1st Dept. 1992], affd 80 N.Y.2d 490, 591 N.Y.S.2d 978, 606 N.E.2d 1369 [1992]).  Here, Supreme Court's findings were not obviously incorrect and were supported by a fair interpretation of the evidence.

We have considered plaintiff's remaining contentions and find them unavailing.