| Aguirre v He Gin Lee Architect, PC |
| 2006 NY Slip Op 50295(U) [11 Misc 3d 129(A)] |
| Decided on February 28, 2006 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered March 31, 2005. The judgment, after a nonjury trial, dismissed the action.
Judgment affirmed without costs.
In this action seeking to recover architectural fees paid to the defendant, upon a review of the record on appeal, it is our opinion that the court's findings of fact and conclusions of law were reached upon a fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). Furthermore, "a trial court's resolution
of questions of credibility is particularly within its domain and should not be disturbed on appeal if supported by the record" (Vizzari v State of New York, 184 AD2d 564, 564 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]).
Pesce, P.J., Weston Patterson and Belen, JJ., concur.
Decision Date: February 28, 2006