Jaikaran v. Marin — 21 A.D.3d 991

Majority

p. 991

Mohani Jaikaran, Appellant, v Abraham Marin, Also Known as Jack Marin, Also Known as Andrew Marin, Respondent.

[800 NYS2d 848]

In an action for a divorce and ancillary relief, the plaintiff appeals from (1) a decision of the Supreme Court, Kings County (Amrosio, J.), dated September 24, 2003, made after a nonjury trial, and (2) a judgment of the same court dated November 13, 2003, which, upon the decision, dismissed the complaint.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,

Ordered that the judgment is affirmed; and it is further,

p. 992

Ordered that one bill of costs is awarded to the defendant.

A determination 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” (Ardmar Realty Co. v Building Inspector of Vil. of Tuckahoe, 5 AD3d 517 , 518 [2004]). The trial court’s determination was supported by a fair interpretation of the evidence.

The plaintiff’s remaining contentions are without merit. Schmidt, J.P., S. Miller, Santucci and Skelos, JJ., concur.

Cases cited

Ardmar Realty Co. v. Building Inspector of the Village of Tuckahoe 5 AD3d 517 N.Y. App. Div. 2004-03-15 at 518 p. 992