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A & S TRUCKING SERVICE, INC. v. NEW YORK STATE THRUWAY AUTHORITY

268 A.D.2d 493 (2000)

702 N.Y.S.2d 347

A & S TRUCKING SERVICE, INC., et al., Claimants, v. NEW YORK STATE THRUWAY AUTHORITY, Defendant. (Claim No. 1.) (Claim No. 75782.) FREDERICK SCHAEFER, Claimant, v. NEW YORK STATE THRUWAY AUTHORITY, Defendant and Third-Party Claimant-Respondent. CONTINENTAL CASUALTY INSURANCE COMPANY, Third-Party Defendant-Appellant. (Claim No. 6.) (Claim No. 78345.) (And Four Other Titles.)

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

Decided January 24, 2000.

Ordered that the judgment is affirmed, with costs.

The determination of a trial court after a nonjury trial should not be disturbed on appeal unless it is not supported by legally sufficient evidence or could not have been reached by any fair interpretation of the evidence (see, Greenberg v Behlen, 220 A.D.2d 720). The evidence here is legally sufficient to support the determination that the appellant was equitably estopped...

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