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MIRASOLA v. GILMAN

163 A.D.2d 371 (1990)

Dean A. Mirasola et al., Respondents, v. Henry Gilman, Appellant

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

July 9, 1990

Ordered that the judgment is affirmed, with costs.

The factual determination in this case involved one of the credibility of the witnesses. "The advantages of the trial court who saw and heard the witnesses should be considered and, when truth hangs upon the credibility of witnesses [its] decision should be given the greatest weight" (Amend v Hurley, 293 N.Y. 587, 594; see, Northern Westchester Professional Park Assocs. v Town of Bedford,

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