Opinion
August 17, 1992
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.
It is well settled that "[o]n a bench trial, the decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses" (Claridge Gardens v Menotti, 160 A.D.2d 544, 545). Applying these standards to the instant case, we hold that the trial evidence supports the conclusion that the plaintiffs remained ready, willing, and able to perform under the contract and that the defendant refused to close, even after an impediment to the passing of title had been removed (see, Glauber v. P.S.F.B. Assocs., 89 A.D.2d 576).
We have examined the defendant's remaining contentions and find them to be without merit (see, S.E.S. Importers v. Pappalardo, 53 N.Y.2d 455). Mangano, P.J., Rosenblatt, O'Brien and Copertino, JJ., concur.