D.S. 53-16-F ASSOC. v. GROFF STUDIOS CORP.

8244. 652789/15.

168 A.D.3d 611 (2019)

90 N.Y.S.3d 893

2019 NY Slip Op 00572

D.S. 53-16-F Associates, Appellant, v. Groff Studios Corp., Respondent.

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

Decided January 29, 2019.


The fact-finding determination of a court should not be disturbed on appeal unless its conclusions could not have been reached under any fair interpretation of the evidence, particularly where the findings of fact rest largely on the credibility of witnesses (see Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495 [1992]).

A fair interpretation of the evidence supports the court's finding that plaintiff did not prove that the...

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