Opinion
2001-06302
Argued October 1, 2002.
November 12, 2002.
In an action to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Nassau County (O'Connell, J.), dated May 21, 2001, which, upon a jury verdict, is in favor of the plaintiff and against it in the principal sum of $565,000.
Certilman Balin Adler Hyman, LLP, East Meadow, N.Y. (Donna-Marie Korth of counsel), for appellant.
Cooper, Brown Behrle, P.C., New York, N.Y. (Sandra Gale Behrle and Richard B. Cooper of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The jury verdict was not against the weight of the evidence (see Nicastro v. Park, 113 A.D.2d 129, 133). The evidence and testimony received at trial supports the jury determination that the transfers of money between the plaintiff and the defendant were loans.
The defendant failed to sustain its burden of proving the partial bar of the statute of limitations.
The defendant's remaining contentions are either without merit or do not require reversal.
FLORIO, J.P., FRIEDMANN, ADAMS and CRANE, JJ., concur.