Hanley v. Williamson

— Order unanimously affirmed with costs. Memorandum: Plaintiffs only argument on appeal is that the determination of the trial court following a bench trial was contrary to the weight of the credible evidence. We disagree. Our function is to determine whether there is "credible proof in the record to sustain the findings and conclusion of the trial court. In such review the record proof is to be given a view most favorable to sustain the judgment” (McCall v Town *1011of Middlebury, 52 AD2d 736). The IAS Court was in the best position to observe the credibility of the witnesses and its…