CATHEDRAL PARKWAY ASSOCIATES v. RICHARD DONALD CONSULTING STRUCTURAL ENGINEER, P.C.


277 A.D.2d 174 (2000)

717 N.Y.S.2d 131

CATHEDRAL PARKWAY ASSOCIATES et al., Respondents, v. RICHARD DONALD CONSULTING STRUCTURAL ENGINEER, P. C., et al., Appellants.

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

Decided November 30, 2000.


The trial court properly concluded upon the trial testimony that plaintiff MZA had completed construction work for which it was to be paid $45,000 pursuant to the parties' contract. In reaching this conclusion, the trial court properly credited the testimony of Mr. Zoja, one of plaintiffs' principals, and discredited the testimony of the individual defendant that the monies entrusted to him were not intended to pay plaintiffs for their work. We see no reason to disturb the...

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