Opinion
Submitted November 16, 2000.
December 19, 2000.
In an action to recover damages for breach of contract, the defendants appeal from a judgment of the Supreme Court, Suffolk County (Henry, J.), entered October 12, 1999, which, after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $55,642.20.
Robert P. Lynn, Jr., LLC, Mineola, N.Y. (John W. Dunne of counsel), for appellants.
Pinks, Arbeit, Lewis Nemeth, Hauppauge, N.Y. (Robert S. Arbeit of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The trial court is in the best position to evaluate the credibility of witnesses, and its determination must be given great deference (see, Matter of Liccione v. John H., 65 N.Y.2d 826; Tursi v. Perla, 241 A.D.2d 518; Smith v. Comas, 173 A.D.2d 535; Plainview S. S. Concrete Co. v. NVNG Dev. Corp., 151 A.D.2d 654). Contrary to the defendants' contention, the Supreme Court properly determined that the plaintiff substantially performed under the contract to construct a parking lot. The defendants received that for which they bargained, a paved parking lot (see, Edgewater Constr. Co. v. 81 3 of Watertown, 252 A.D.2d 951; Anderson Clayton Co. v. Alanthus Corp., 91 A.D.2d 985; cf., Gifford Constr. Co. v. Lever Mgt. Corp., 78 A.D.2d 869), and expended no money in repairs on the parking lot from the date of its completion through the date of trial.