Opinion
October 21, 1997
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
The court's determination grounded primarily on its resolution of credibility issues was based upon a fair interpretation of the evidence ( Charles J. Hecht, P.C. v. Clowes, 224 A.D.2d 312) and we decline to disturb it. Plaintiff's damages were proven with the requisite certainty (Hirschfeld v. IC Sec., 132 A.D.2d 332, 336-337, lv dismissed 72 N.Y.2d 841) and defendant failed to sustain its burden of proving the value of the claimed mitigation ( Jenkins v Ethlinger, 55 N.Y.2d 35, 39).
We have considered defendant's other contentions and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Rosenberger, Ellerin and Wallach, JJ.