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MATTER OF LOU ATKIN CASTINGS, INC. v. M. FABRIKANT & SONS, INC.

216 A.D.2d 111 (1995)

628 N.Y.S.2d 98

In the Matter of Lou Atkin Castings, Inc., Respondent, v. M. Fabrikant & Sons, Inc., Appellant

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

June 15, 1995

On a nonjury trial, the decision of the fact-finding court should not be disturbed on appeal unless the court's conclusions could not have been reached under any fair interpretation of the evidence, especially when, as here, the findings of fact rest in large measure on considerations relating to the credibility of the witnesses (Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495). Applying the foregoing standard of review, we find that...

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