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OLYMPIC FUNDING LLC v. LADIES MILE, INC.

5217, 5218, 600596/08.

84 A.D.3d 699 (2011)

923 N.Y.S.2d 319

OLYMPIC FUNDING LLC, Appellant, v. LADIES MILE, INC., et al., Respondents.

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

Decided May 31, 2011.

The trial court's conclusion that plaintiff failed to prove trespass because it permitted the installations of which it now complains (see Copart Indus. v Consolidated Edison Co. of N.Y., 41 N.Y.2d 564, 570 [1977]; see also 829 Post, LLC v Town of Eastchester, 57 A.D.3d 717, 718 [2008]) was supported by a fair interpretation of the evidence (see Saperstein v Lewenberg,

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