Majority
—In an action, inter alia, to compel the defendants to vacate the subject premises, the plaintiffs appeal from so much of a judgment of the Supreme Court, Queens County (Modugno, J.H.O.), dated April 17, 1990, as, after a nonjury trial, dismissed the complaint.
It is well settled that " '[a] decision rendered by a court after a nonjury trial should not be disturbed on appeal unless it is clear that its conclusions could not have been reached under any fair interpretation of the evidence’ ” (Kreisler Borg Florman Gen. Constr. Co. v Rosen & Morelli Masons, 181 AD2d 813 , 814, quoting Alleva v Alleva Dairy, 129 AD2d 663 ). It cannot be said that the verdict herein could not have been reached on any fair interpretation of the evidence. Therefore, the trial court’s determination should not be disturbed. Thompson, J. P., Sullivan, Miller and Santucci, JJ., concur.
Cases cited
- Kreisler Borg Florman General Construction Co. v. Rosen 181 AD2d 813 at 814 p. 480
- Alleva v. Dairy 129 AD2d 663 p. 480