Opinion
May 4, 1993
Appeal from the Supreme Court, New York County (Harold Baer, Jr., J.).
The trial court's finding that defendant Carol Strober breached the alleged oral agreement insofar as it governed the parties' venture to renovate the subject building, wrongfully excluded plaintiffs from two of the units in the building, and underpaid the venture for her use and occupancy of one of the units rests in large measure on considerations relating to the credibility of witnesses, and supported as they are by a fair interpretation of the evidence, should not be disturbed on appeal (see, Thoreson v Penthouse Intl., 179 A.D.2d 29, 31, affd 80 N.Y.2d 490). We have considered the remaining arguments and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Wallach, Ross and Kassal, JJ.