BALEMIAN v. LB REAL ESTATE DEV. CORP.


226 A.D.2d 223 (1996)

641 N.Y.S.2d 23

Robert Balemian et al., Appellants-Respondents, v. LB Real Estate Development Corp., Respondent-Appellant, and James Sheerin et al., Respondents

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

April 18, 1996


In this action for breach of a contract to construct a new home, the trial court's determination that plaintiffs, and not defendants, had breached the contract was expressly premised on its finding with respect to the credibility of a former-party witness who had been fired by defendants and had settled with plaintiffs prior to trial. The court's determination as to liability constitutes a fair interpretation of the evidence that should

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