Opinion
March 8, 1993
Appeal from the Supreme Court, Queens County (Modugno, J.H.O.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
It is well settled that "`[a] decision rendered by a court after a nonjury trial should not be disturbed on appeal unless it is clear that its conclusions could not have been reached under any fair interpretation of the evidence'" (Kreisler Borg Florman Gen. Constr. Co. v. Rosen Morelli Masons, 181 A.D.2d 813, 814, quoting Alleva v. Alleva Dairy, 129 A.D.2d 663). It cannot be said that the verdict herein could not have been reached on any fair interpretation of the evidence. Therefore, the trial court's determination should not be disturbed. Thompson, J.P., Sullivan, Miller and Santucci, JJ., concur.