Opinion
No. 2003-302 K C.
Decided April 9, 2004.
Appeal by plaintiff from a judgment of the Civil Court, Kings County (D. Silber, J.), entered July 29, 2002, in favor of defendants dismissing the complaint.
Judgment unanimously affirmed without costs.
PRESENT: PESCE, P.J., PATTERSON and GOLIA, JJ.
In this veterinary malpractice action, a review of the record, including the court's evaluation of the experts' opinions, establishes that the court below properly found for defendants. In a bench trial, the decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence ( see Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 NY2d 492, 499; Islamic Ctr. of Harrison v. Islamic Science Found., 262 AD2d 362; Claridge Gardens v. Menotti, 160 AD2d 544, 544-545). With regard to issues of credibility, the Appellate Division has repeatedly held that "a trial court's resolution of questions of credibility is particularly within its domain and should not be disturbed on appeal if supported by the record" ( Vizzari v. State of New York, 184 AD2d 564; Kincade v. Kincade, 178 AD2d 510, 511). Moreover, the court below was able to directly observe and evaluate the testimony and demeanor of the witness, affording the trial court a better position from which to evaluate the credibility of the plaintiff and defendant Levitzske. Further, we find that the court maintained a balanced and impartial demeanor during the trial and considered relevant and competent evidence before rendering a verdict.
The plaintiff's remaining contentions are without merit.