Legrand v. Ganich

Judgment, Supreme Court, New York County (Arthur E Engoron, J.), entered April 22, 2013, against defendants in plaintiffs favor in the aggregate amount of $81,121.92, unanimously affirmed, without costs.

Following a nonjury trial, the court concluded that plaintiff made a loan to defendants rather than an equity investment in their business. This decision, which was based on the credibility of the witnesses, is entitled to deference, and could have been reached under a fair interpretation of the evidence (see e.g. Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]; Matter of Metropolitan Transp. Auth., 86 AD3d 314, 320 [1st Dept 2011]).

Concur — Mazzarelli, J.P, Acosta, DeGrasse and Clark, JJ.