Ober v. Rogers-Ober

I would affirm the judgment dismissing the divorce action brought by plaintiff husband, because I believe that giving appropriate deference to the findings of the trial court requires this result. “On appellate review of a nonjury trial, ‘the decision of the fact-finding court should not be disturbed * * * unless it is obvious that the court’s conclusions could not be reached under any fair interpretation of the evidence’ ” (Executive Fashions v Howard, 261 AD2d 159). Accordingly, we may only reject the court’s findings and substitute our own where we find that no fair interpretation of the…