Armory Owners, Inc. v. Reserve 42 Realty Corp.

—Order, Supreme Court, New York County (Edward Lehner, J.), entered December 16, 1998, which, after a nonjury trial, directed entry of judgment dismissing defendant-appellant’s third counterclaim, and judgment, same court and Justice, entered thereon on January 8, 1999, unanimously affirmed, with costs.

We decline to disturb the trial court’s decision since its conclusions comport with a fair interpretation of the evidence (see, e.g., Birch v Carroll, 210 AD2d 119). The “heirs and assigns clause”, which appellant highlights for the first time on appeal, is only some evidence of the parties’…