Opinion
570700/09.
Decided March 11, 2010.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), entered March 20, 2009, after a nonjury trial, in favor of defendant dismissing the action.
PRESENT: McKeon, P.J., Shulman, Hunter, JJ.
Order (Barbara Jaffe, J.), entered March 20, 2009, affirmed, without costs.
On a nonjury trial, the decision of the fact-finding court should not be disturbed on appeal unless the court's conclusions could not have been reached under any fair interpretation of the evidence ( see Thoreson v Penthouse Intl., Ltd., 80 NY2d 490, 495). Here, the weight of the credible evidence supports the trial court's finding that defendant's alleged negligence was not a proximate cause of the intersection collision. We find no basis to disturb Civil Court's finding, which rested primarily on considerations relating to the credibility of the witnesses ( see Claridge Gardens v Menotti, 160 AD2d 544). We have examined plaintiff's remaining contentions and find them to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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