Kiamos & Tooker, Inc. v. Zelis Florist, Inc.

The ultimate determination of the trial court following a non-jury trial, as well as its rejection of plaintiffs “best evidence” challenge to the critical piece of documentary evidence, was founded upon a clear, albeit unspoken, credibility finding. Where resolution of issues turns upon the credibility determination of the trial court as finder of fact, the determination is entitled to great weight (see, Grutman Katz Greene & Humphrey v Goldman, 251 AD2d 7), and this Court should not disturb those findings “unless it is obvious that the conclusions could not be reached under any fair…