Lou Atkin Castings, Inc. v. M. Fabrikant & Sons, Inc.

Judgment, Supreme Court, New York County (Helen Freedman, J.), entered May 25, 1994, after a non-jury trial, in favor of plaintiff and against defendant in the sum of $80,335.63, inclusive of interest from August 1, 1991 and costs and disbursements, unanimously affirmed, with 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, especially when, as here, the findings of fact rest in large measure on considerations relating to the credibility of…