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AMERICAN ASBESTOS MANAGEMENT, INC. v. DME CONSTRUCTION ASSOCIATES, INC.

272 A.D.2d 169 (2000)

708 N.Y.S.2d 857

AMERICAN ASBESTOS MANAGEMENT, INC., Respondent, v. DME CONSTRUCTION ASSOCIATES, INC., et al., Appellants.

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

Decided May 16, 2000.

Contrary to defendants' arguments, an examination of the record discloses no ground warranting disturbance of the trial court's determinations of credibility or its findings of fact (see, Langenbacher Co. v Tolksdorf, 199 A.D.2d 64), particularly since the court relied on the subcontract as written, rather than defendants' assertion of oral modification of the payment...

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