241 A.D.2d 518 (1997)

663 N.Y.S.2d 984

Noel Tursi, Appellant, v. Daniel V. Perla, Respondent

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

July 21, 1997

Ordered that the judgment is affirmed, with costs.

According due deference to the trial court on matters of credibility, we conclude that the trial court's findings, including the determination that there was no contract between the parties, are not against the weight of the evidence or contrary to law. Therefore, they will not be disturbed (see, Brooklyn & Queens El. Co. v Excel Assocs., 115 A.D.2d 630).

The plaintiff's remaining contentions are either raised for the first time on appeal, and thus, not considered, or without merit.


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