Opinion
June 10, 1996
Appeal from the Supreme Court, Nassau County (Ain, J.).
Ordered that the judgment is affirmed, with costs.
Contrary to the plaintiff's contention, the trial court's conclusion that the defendant did not breach the condition subsequent contained in the deed in question was based upon a fair interpretation of the evidence and was, therefore, not against the weight of the evidence (see, Greenberg v. Behlen, 220 A.D.2d 720; Nicastro v. Park, 113 A.D.2d 129). Miller, J.P., Pizzuto, Santucci and McGinity, JJ., concur.