Opinion
April 22, 1985
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Judgments affirmed, with one bill of costs to respondent Marjo Systems, Inc.
Plaintiff cannot successfully urge, on the record herein, that Special Term's findings were contrary to the weight of the evidence. In light of plaintiff's unexplained failure to introduce relevant documentary evidence which it purported to possess, Special Term's findings essentially rested upon a resolution of the materially contradictory testimony offered by the parties' respective witnesses at the joint trial. We are not disposed to disturb Special Term's assessment of the credibility of the witnesses and their testimony ( see, Patten v. Nagy, 99 A.D.2d 801; Hunt v. OSR Chems., 85 A.D.2d 681; Rametta v. Kazlo, 68 A.D.2d 579).
We have considered plaintiff's remaining contentions and find them to be without merit. Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur.