Ruggerino v. Prince Holdings 2012, LLC, 2025 NY Slip Op 01180 (2025)

Citation: Ruggerino v. Prince Holdings 2012, LLC, 2025 NY Slip Op 01180 (2025)
Parent Document: Ruggerino v. Prince Holdings 2012, LLC, 2025 NY Slip Op 01180 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-02-27
Original Source: https://www.courtlistener.com/opinion/10346988/ruggerino-v-prince-holdings-2012-llc/ ↗

Full Text

625 chars

As to treble damages, the trial court found the testimony of defendant's managing member not credible. We find no basis to disturb this credibility determination (see Kenyon & Kenyon LLP v Sightsound Tech., LLC, 202 AD3d 535, 539 [1st Dept 2022], lv denied 39 NY3d 901 [2002]). As the court noted, defendant is made up of sophisticated parties who should know how to account for its improvements. Accordingly, the court properly determined that defendant failed to rebut the presumption of willfulness, entitling plaintiffs to treble damages (see Smoke v Windermere Owners, LLC, 173 AD3d 500, 501 [2019]; RSC § 2526.1[a][1]).

Other Sections in This Document (16)

Full Text