KIMM v. CHANG


38 A.D.3d 481 (2007)

833 N.Y.S.2d 429

MICHAEL S. KIMM, Appellant, v. DAVID CHANG et al., Respondents.

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

Decided March 29, 2007.


The decision of the factfinder at a nonjury trial should not be disturbed on appeal unless it is obvious that the court's conclusion could not have been reached under any fair interpretation of the evidence, especially when those findings rest in large measure on considerations relating to the credibility of witnesses (see Claridge Gardens v Menotti, 160 A.D.2d 544 [1990]). We perceive no basis to disturb the trial court's determination...

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