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DIMMITT & OWENS FINANCIAL, INC. v. DEPENDABLE INDUSTRIAL SUPPLY CO., INC.

293 A.D.2d 446 (2002)

739 N.Y.S.2d 647

DIMMITT & OWENS FINANCIAL, INC., Respondent, v. DEPENDABLE INDUSTRIAL SUPPLY CO., INC., Appellant.

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

Decided April 1, 2002.

Ordered that the judgment is affirmed, with costs.

The determination of the court after a nonjury trial should not be disturbed on appeal unless it is clear that the court's conclusion could not have been reached upon any fair interpretation of the evidence (see Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495; Astoria Fed. Sav. & Loan Assn. v Thrift Assns. Serv. Corp., 237 A.D.2d 475...

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