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KIAMOS & TOOKER, INC. v. ZELIS FLORIST, INC.

264 A.D.2d 623 (1999)

695 N.Y.S.2d 86

KIAMOS & TOOKER, INC., Appellant, v. ZELIS FLORIST, INC., Doing Business as JUNE FLOWER SHOP, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 16, 1999.

We are empowered to make the findings that the trial court should have made (DiBruno v Abrams, 208 A.D.2d 672, 674, lv denied 85 N.Y.2d 804). We now find that there is no fair interpretation of the evidence to establish that defendant paid the debt in full.

Plaintiff's credible evidence proved that defendants tendered $8,000 in payment. However, the evidence presented by defendants failed to prove their affirmative...

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