Opinion
March 1, 1999
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiffs adduced sufficient evidence from which a jury could rationally conclude that they made a good-faith effort to obtain financing ( see, Cohen v. Hallmark Cards, 45 N.Y.2d 493). Moreover, upon our review of the record, we find that the verdict is based upon a fair interpretation of the evidence ( see, Nicastro v. Park, 113 A.D.2d 129), and the defendant's contention that the plaintiffs' proof was legally insufficient or against the weight of the evidence is without merit.
Contrary to the defendant's contention that the conduct of the trial court denied it a fair trial, the actions of the trial court were, in the main, directed towards focusing the proceedings on the relevant issues and clarifying facts material to the case in order to expedite the trial. While certain of its actions may have been somewhat intemperate or better left undone, overall the conduct complained of was not so egregious as to deprive the defendant of a fair trial ( see, Colon v. City of New York, 245 A.D.2d 258; Papa v. City of New York, 194 A.D.2d 527).
Miller, J. P., Ritter, Florio and Luciano, JJ., concur.