U.S. Ice Cream Corp. v. Bizar

—In an action, inter alia, to recover legal fees paid to the defendant, the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Cutrona, J.), entered October 23, 2001, which, after a nonjury trial, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The determination of the court after a nonjury trial should not be disturbed on appeal unless the court’s conclusion could not have been reached upon any fair interpretation of the evidence (see Dimmitt & Owens Fin. v Dependable Indus. Supply Co., 293 AD2d 446 [2002]). Contrary to the plaintiffs’ contention,…