Opinion
April 11, 1996
Appeal from the Supreme Court, Suffolk County (Thomas Stark, J.).
The trial court's findings, that defendant did not expend reasonable and diligent efforts to obtain final approvals for its proposed golf course condominium project by the contract deadline date, resting as they did on the credibility of the witnesses and evaluation of the documentary evidence, are to be accorded great weight ( Janowitz Bros. Venture v. 25-30 120th St. Queens Corp., 75 A.D.2d 203, 210), and we decline to disturb the fact finder's determination. Indeed, the testimony and exhibits support the trial court's conclusions that defendant did not go "somewhat beyond a mere good-faith effort" ( Blask v. Miller, 186 A.D.2d 958, 959), and use due diligence in promptly pursuing all applications for final map approval. Nor is plaintiff's retention of the down payment to be viewed a forfeiture ( Maxton Bldrs. v. Lo Galbo, 68 N.Y.2d 373; Jones Realty Corp. v. Frick, 144 A.D.2d 451, 452, lv dismissed 74 N.Y.2d 715). We have considered defendant's remaining arguments and find them to be without merit.
Concur — Ellerin, J.P., Wallach, Kupferman, Williams and Mazzarelli, JJ.