Pav-Co Asphalt, Inc. v. Heartland Rental Properties Partnership
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for breach of contract, the defendants appeal from a judgment of the Supreme Court, Suffolk County (Henry, J.), entered October 12, 1999, which, after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $55,642.20.
Ordered that the judgment is affirmed, with costs.
The trial court is in the best position to evaluate the credibility of witnesses, and its determination must be given great deference (see, Matter of Liccione v John H., 65 NY2d 826; Tursi v Perla, 241 AD2d 518; Smith v Comas, 173 AD2d 535; Plainview S. & S. Concrete…
2Cases cited7 opinions
- MATTER OF LICCIONE v. JohnNew York Court of Appeals · 1985
- Smith v. ComasAppellate Division of the Supreme Court of the State of New York · 1991
- Anderson Clayton & Co. v. Alanthus Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Edgewater Construction Co. v. 81 & 3 of Watertown, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Tursi v. PerlaAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by2 opinions
- Morgan v. McCaffreyAppellate Division of the Supreme Court of the State of New York · 2005
- Xand Corp. v. Reliable System Alternatives Corp.Appellate Division of the Supreme Court of the State of New York · 2009