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NEW FALLS CORPORATION v. SIMMONS

35 A.D.3d 327 (2006)

825 N.Y.S.2d 362

NEW FALLS CORPORATION, Respondent, v. CLARENCE SIMMONS et al., Defendants, and BOARD OF MANAGERS OF THE PARKCHESTER NORTH CONDOMINIUM, INC., Appellant. RONALD MAGRO, Nonparty Respondent.

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

Decided December 28, 2006.

The evidence, fairly considered, permitted the disposition reached by the hearing court, particularly since the court's findings were premised largely on assessment of witness credibility (see Watts v State of New York, 25 A.D.3d 324 [2006]). Appellant failed to meet its burden to prove that plaintiff had actual knowledge of the unrecorded "corrected...

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