Opinion
February 21, 1984
In an action for specific performance of a contract for the sale of real property, defendant seller appeals from a judgment of the Supreme Court, Queens County (Beerman, J.), entered June 8, 1983, which, inter alia, ordered defendant to specifically perform a contract by transferring title to the property in question to plaintiffs within 120 days after entry of the judgment. Judgment affirmed, with costs. This appeal brings up for review the factual determination by the trial court that there had been an oral modification of the contract of sale, extending the time for plaintiffs to obtain a mortgage commitment (see Patten v Nagy, 86 A.D.2d 890). The resolution of this issue of fact turned on the assessment by the trial court of the witnesses' credibility, and will not be disturbed by this court (see, e.g., Rametta v Kazio, 68 A.D.2d 579; Matter of Susan W. v Ahmad Q., 65 A.D.2d 594, mot. for lv. to app den. 46 N.Y.2d 1037). O'Connor, J.P., Weinstein, Niehoff and Boyers, JJ., concur.