Opinion
2002-02587.
Argued October 9, 2003.
November 24, 2003.
In an action, inter alia, to recover damages for breach of an employment agreement, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Lally, J.), entered January 31, 2002, which, after a nonjury trial, is in favor of him and against the defendant in the sum of only $56,141.37.
Michael E. Lipson, Garden City, N.Y., for appellant.
Rains Pogrebin, P.C., Mineola, N.Y. (Terence M. O'Neil and Mark N. Reinharz of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The determination of the trial court after a nonjury trial should not be disturbed on appeal unless its conclusions could not have been reached upon any fair interpretation of the evidence, especially where the findings of fact rest in large measure on considerations relating to the credibility of witnesses ( see Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495; Loughran v. Town of Eastchester, 299 A.D.2d 329; Matter of Hartford Ins. Co. v. Khan, 279 A.D.2d 524, 525). The trial court's rejection of the plaintiff's interpretation of the disputed phrase regarding sales bonuses is supported by a fair interpretation of the evidence. The trial court's determinations of the particular accounts attributable to the plaintiff's efforts, and the amount of damages were also supported by a fair interpretation of the evidence.
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.