Opinion
May 1, 1995
Appeal from the Supreme Court, Rockland County (Lefkowitz, J.).
Ordered that the appeal from the decision dated November 19, 1993 is dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The petitioner has failed to establish that the court erred in ordering a hearing pursuant to CPLR 6315 on the respondent's application for damages due to the issuance of a temporary restraining order (see, Matter of Kaplan v Werlin, 215 A.D.2d 388 [decided herewith]). The court's determination that the respondent incurred attorney's fees and related monetary damages in the amount of $5,900 in connection with the erroneously granted temporary restraining order is supported by the hearing record. Witness credibility, as well as the weight to be accorded to the evidence, are primarily questions to be determined by the trier of fact and should not be disturbed when supported, as here, by a fair interpretation of the evidence (see, Two Guys From Harrison-NY v S.F.R. Realty Assocs., 186 A.D.2d 186).
The petitioner contends that the judgment improperly included costs and disbursements. The petitioner's remedy is to move in the trial court to resettle the judgment as this issue cannot be resolved on the basis of the record on appeal.
We have examined the petitioner's remaining contentions and find them to be without merit. Sullivan, J.P., O'Brien, Ritter and Goldstein, JJ., concur.