Legal Opinion

DeCarvalhosa v. Adler

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

Decided December 18, 2008PublishedCited by 1 opinion

1Opinion of the Court

The court’s decision in favor of plaintiff on her claim for rent *368arrears was based on a fair interpretation of the evidence presented at trial and rested in large measure on credibility-determinations (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]; Greenfield v Philles Records, 288 AD2d 59 [2001]).

Whether defendant was bankrupt during the 16 months for which she claimed to have been paying $5,000 a month in rent was relevant on the issue of unpaid rent, and the probative value of this evidence was not substantially outweighed by the risk of prejudice. To the extent the court…

2Cases cited2 opinions

  1. Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
  2. Greenfield v. Philles Records, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

3Cited by1 opinion

  1. Robinson v. RoblesRochester City Court · 2010

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