Opinion
August 10, 1998
Appeal from the Supreme Court, Suffolk County (Oshrin, J.).
The determination of the court in a nonjury trial should not be disturbed on appeal unless it is obvious that the court's conclusion could not be reached by any fair interpretation of the evidence (see, Astoria Fed. Sav. Loan Assn. v. Thrift Assns. Serv. Corp., 237 A.D.2d 475). Here, the evidence supports the court's determination.
The defendant's remaining contention is without merit.
We have not considered the plaintiff's contention regarding the calculation of interest inasmuch as he did not cross-appeal from the judgment.
Miller, J. P., Altman, McGinity and Luciano, JJ., concur.