Legal Opinion

Richard's Home Center & Lumber, Inc. v. Kraft

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 1993PublishedCited by 11 opinions

1Opinion of the Court

In an action to recover damages for breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Hopkins, J.H.O.), entered January 31, 1991, which, after a nonjury trial, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

It is well settled that "[a] decision [rendered by a court after a nonjury trial should] not be disturbed on appeal unless it is [clear] that [its] conclusions could not [have been] reached under any fair interpretation of the evidence” (Universal Leasing Servs. v Flushing Hae Kwan Rest., 169 AD2d 829, 830; Alleva…

2Cases cited3 opinions

  1. Universal Leasing Services, Inc. v. Flushing Hae Kwan RestaurantAppellate Division of the Supreme Court of the State of New York · 1991
  2. In re the Estate of PoggemeyerAppellate Division of the Supreme Court of the State of New York · 1982
  3. Alleva v. DairyAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by11 opinions

  1. Bucci v. BucciAppellate Division of the Supreme Court of the State of New York · 1996
  2. Ardmar Realty Co. v. Building Inspector of the Village of TuckahoeAppellate Division of the Supreme Court of the State of New York · 2004
  3. Islamic Center of Harrison, Inc. v. Islamic Science Foundation, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Ebenezer Mar Thoma Church v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2001
  5. Tornese v. TorneseAppellate Division of the Supreme Court of the State of New York · 1996

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