Legal Opinion
Garza v. 508 West 112th Street, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2010PublishedCited by 4 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Judith J. Gische, J.), entered March 6, 2009, after a nonjury trial, declaring that the subject roof terrace was part of plaintiffs’ rent-stabilized tenancy, unanimously affirmed, with costs.
“In a nonjury trial, “the decision of the 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, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses” ’ ” (Watts v State of New York,…
2Cases cited3 opinions
- Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
- Thoreson v. Penthouse International, Ltd.Appellate Division of the Supreme Court of the State of New York · 1992
- Conforti v. GoradiaAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- Rubin v. GeorgeAppellate Division of the Supreme Court of the State of New York · 2016
- 406 Broome St Rest Inc. v. Lafayette Center, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Stackpole v. Cohen, Ehrlich & Frankel, LLPAppellate Division of the Supreme Court of the State of New York · 2011
- Hussein Environment, Inc. v. Roxborough Apartments Corp.Appellate Division of the Supreme Court of the State of New York · 2012