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DeGRAW CONSTR. GROUP, INC. v. HPDC2 HOUS. DEV. FUND CO., INC.

306799/12. Appeal No. 12504. Case No. 2020-00959.

189 A.D.3d 405 (2020)

137 N.Y.S.3d 8

2020 NY Slip Op 07131

DeGraw Construction Group, Inc., Respondent, v. HPDC2 Housing Development Fund Company, Inc., et al., Defendants, and Joy Construction Corp., Appellant.

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

Decided December 1, 2020.

Attorney(s) appearing for the Case

Stanley Kalmon Schlein , Bronx, for appellant.

Zisholtz & Zisholtz, LLP, Garden City ( Stuart S. Zisholtz of counsel), for respondent.

Concur—Gische, J.P., Webber, Oing, Mendez, JJ.

The trial court's decision, which was based largely on credibility determinations, was supported by a fair interpretation of the evidence (DiLorenzo v Windermere Owners LLC, 174 A.D.3d 102, 107-108 [1st Dept 2019]). Its findings were "warranted by the facts, taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses" (id.).

Defendant does not dispute that the parties' subcontract provided that extra work...

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