May 14, 2021

Wellmax Prods. Corp. v State Farm Mut. Auto. Ins. Co. (2021 NY Slip Op 50448(U))

Headnote

The relevant facts considered by the court were that the plaintiff, Wellmax Products Corp, was seeking to recover first-party no-fault benefits from State Farm Mutual Automobile Insurance Co as an assignee of Stephanie Crespo. The main issue decided was whether the verification requested by the defendant remained outstanding. The court held that after a nonjury trial, in which the testimony proffered by the defendant's witness was found to be credible, the Civil Court dismissed the complaint. The Appellate Term, Second Department affirmed the judgment, stating that the determination of a trier of fact as to issues of credibility is given substantial deference, and as the record supported the Civil Court's determination based on the assessment of the credibility of the witness, there was no basis to disturb the finding.

Reported in New York Official Reports at Wellmax Prods. Corp. v State Farm Mut. Auto. Ins. Co. (2021 NY Slip Op 50448(U))

Wellmax Prods. Corp. v State Farm Mut. Auto. Ins. Co. (2021 NY Slip Op 50448(U)) [*1]

Wellmax Prods. Corp. v State Farm Mut. Auto. Ins. Co.

2021 NY Slip Op 50448(U) [71 Misc 3d 138(A)]

Decided on May 14, 2021

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 14, 2021

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2019-1034 K C

Wellmax Products Corp., as Assignee of Stephanie Crespo, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. James F. Butler & Associates, for respondent (no brief filed).

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered January 9, 2018. The judgment, after a nonjury trial, dismissed the complaint.

ORDERED that the judgment is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, a nonjury trial was held, limited to the issue of whether verification that had been requested by defendant remained outstanding. Following the trial, the Civil Court dismissed the complaint, stating on the record that the testimony proffered by defendant’s witness was credible.

In reviewing a determination made after a nonjury trial, the power of this court is as broad as that of the trial court, and this court may render the judgment it finds warranted by the facts, bearing in mind that the determination of a trier of fact as to issues of credibility is given substantial deference, as a trial court’s opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492 [1983]; Hamilton v Blackwood, 85 AD3d 1116 [2011]; Zeltser v Sacerdote, 52 AD3d 824 [2008]). As the record supports the Civil Court’s determination, which was based upon its assessment of the credibility of the only witness to testify, we find no basis to disturb the Civil Court’s finding.

Accordingly, the judgment is affirmed.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 14, 2021