Appellate Division of the Supreme Court of New York, 2003

River Square Realty Corp. v. Lentini

River Square Realty Corp. v. Lentini
Appellate Division of the Supreme Court of New York · Decided December 11, 2003
2 A.D.3d 232; 768 N.Y.S.2d 319; 2003 N.Y. App. Div. LEXIS 13183
River Square Realty Corp. v. Lentini

Opinion of the Court

*233Order, Supreme Court, New York County (Marylin Diamond, J.), entered September 23, 2002, which denied defendant’s motion pursuant to CPLR 4404 (b) for a new trial upon his counterclaim for waste, unanimously affirmed, with costs.

The minimal appellate record before us provides no basis to conclude that the trial court erred in denying defendant’s motion for a new trial. Defendant’s self-serving account of the events leading to the alleged decrease in potential profits from the building he owned with his family members affords no ground for us to conclude that the trial court’s determination that the counterclaim should be dismissed was premised upon mistakes of fact and erroneous trial rulings, as defendant contends. Concur—Andrias, J.P., Rosenberger, Williams and Lerner, JJ.

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