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Mian v. Akhter

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Aug 20, 2014
44 Misc. 3d 143 (N.Y. App. Div. 2014)

Opinion

No. 2013–996QC.

08-20-2014

MD Adam Ali MIAN, Respondent, v. Maleka S. AKHTER, Appellant.


Opinion

ORDERED that the judgment is affirmed, without costs.

Plaintiff, defendant's former landlord, commenced this action to recover the sum of $10,000, representing rent at the monthly rate of $1,000 for the 10–month period from September 1, 2009 through June 30, 2010. After a nonjury trial, the Civil Court awarded plaintiff the sum of $12,347.13, including interest and costs.

The decision of a fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v. Menotti, 160 A.D.2d 544 [1990] ). In the case at bar, plaintiff proved he was owed rent by defendant, and defendant submitted no proof in support of her claim that her parents had paid the rent to plaintiff for the 10–month period in question. As the record supports the Civil Court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.


Summaries of

Mian v. Akhter

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Aug 20, 2014
44 Misc. 3d 143 (N.Y. App. Div. 2014)
Case details for

Mian v. Akhter

Case Details

Full title:MD Adam Ali MIAN, Respondent, v. Maleka S. AKHTER, Appellant.

Court:Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Date published: Aug 20, 2014

Citations

44 Misc. 3d 143 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 51326
997 N.Y.S.2d 669