Dimmitt & Owens Financial, Inc. v. Dependable Industrial Supply Co.

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Kings County (Dowd, J.), dated May 22, 2001, which, after a nonjury trial, is in favor of the plaintiff and against it in the principal sum of $38,412.

Ordered that the judgment is affirmed, with costs.

The determination of the court after a nonjury trial should not be disturbed on appeal unless it is clear that the court’s conclusion could not have been reached upon any fair interpretation of the evidence (see Thoreson v Penthouse Intl., 80 NY2d 490, 495; Astoria…