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JONES v. HART

233 A.D.2d 297 (1996)

649 N.Y.S.2d 805

Thomas Jones, Appellant, v. Anna Hart, Respondent

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

November 4, 1996

Ordered that the order is affirmed, with costs.

It is well settled that issues of credibility are for the trier of fact who saw and heard the witnesses, and its decision will not be disturbed on appeal if it is supported by a fair interpretation of the evidence (see, DiSalvo v Ordway, 208 A.D.2d 798). The evidence adduced at this nonjury trial amply supports both the court's determination that the plaintiff failed...

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