| Otto v Triangle Aviation Servs. |
| 2003 NY Slip Op 18826 [1 AD3d 582] |
| November 24, 2003 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
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| Frank W. Otto, Appellant, v Triangle Aviation Services, Inc., Respondent. |
— In an action, inter alia, to recover damages for breach of an employment agreement, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Lally, J.), entered January 31, 2002, which, after a nonjury trial, is in favor of him and against the defendant in the sum of only $56,141.37.
Ordered that the judgment is affirmed, with costs.
The determination of the trial court after a nonjury trial should not be disturbed on appeal unless its conclusions could not have been reached upon any fair interpretation of the evidence, especially where the findings of fact rest in large measure on considerations relating to the credibility of witnesses (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]; Loughran v Town of Eastchester, 299 AD2d 329 [2002]; Matter of Hartford Ins. Co. v Khan, 279 AD2d 524, 525 [2001]). The trial court's rejection of the plaintiff's interpretation of the disputed phrase regarding sales bonuses is supported by a fair interpretation of the evidence. The trial court's determinations of the particular accounts attributable to the plaintiff's efforts, and the amount of damages were also supported by a fair interpretation of the evidence. Altman, J.P., Smith, Friedmann and Crane, JJ., concur.