Opinion
November 9, 1989
Appeal from the Supreme Court, New York County (Bruce Wright, J.).
In this action for, inter alia, rescission of an agreement terminating a joint venture, plaintiffs alleged both fraud and breach of fiduciary duty by the defendants in connection with its execution.
After a bifurcated bench trial on liability, Trial Term dismissed the complaint, finding that the plaintiffs' contention that they had been fraudulently induced into executing the termination agreement was not substantiated.
We have reviewed the record and conclude that there is no basis for this court to interfere with Trial Term's determination concerning what were, in essence, credibility issues. (See, 829 Seventh Ave. Co. v Reider, 111 A.D.2d 670, 672 [1st Dept 1985].)
Concur — Murphy, P.J., Kupferman, Carro, Kassal and Wallach, JJ.