Opinion
570225/05.
Decided December 13, 2005.
Defendant appeals from an order of the Civil Court, New York County (Matthew F. Cooper, J.), entered September 2, 2004, which after a nonjury trial, awarded plaintiff damages for breach of contract in the principal amount of $86,857.62, and from an order, same court and Judge, entered January 4, 2005 after a hearing, which awarded plaintiff attorney's fees in the amount of $16,500.
Appeals from orders (Matthew F. Cooper, J.), entered September 2, 2004 and January 4, 2005, deemed to be appeals from the subsequent judgment, same court and Judge, entered January 26, 2005 (CPLR 5520[c]; see Gutman v. Savas, 17 AD3d 278), and said judgment affirmed, with $25 costs.
PRESENT: Suarez, P.J., Davis, Schoenfeld, JJ.
The evidence, fairly interpreted, supports the trial court's finding that plaintiff provided the agreed upon telecommunications services to defendant, which failed to pay the invoices sued upon. On a nonjury trial, the decision of the fact-finding court, particularly when it involves a credibility assessment, is entitled to deference and will not be disturbed unless the result could not have been reached under any fair interpretation of the evidence ( Claridge Gardens v. Menotti, 160 AD2d 544).
Plaintiff's documentary evidence was properly admitted under the business record exception to the hearsay rule. The company's senior financial analyst and collection manager was an appropriate and knowledgeable foundation witness for introduction of such documents under that exception (CPLR 4518; see DeLeon v. Port Auth. of N.Y. N.J., 306 AD2d 146).
We have considered defendant's remaining evidentiary arguments and find them unavailing.
This constitutes the decision and order of the Court.