Appeal from a judgment of the Civil Court of the City of New York, Kings County (Delores J. Thomas, J.), entered December 17, 2004. The judgment, after a nonjury trial, dismissed the complaint and awarded defendant the sum of $155 on its counterclaim.

Judgment affirmed without costs.

Plaintiff contracted with defendant, in March 2002, to make and display a banner advertisement for his business as part of a sponsor program with the Yonkers Downtown/Waterfront BID. Pursuant to the contract, defendant was to deliver the banner within 120 days from the date of the last sponsor's order. In November 2003, plaintiff commenced the instant breach of contract action to recover the $495 contract price, as well as damages for his lost profits, asserting that defendant never delivered the banner. After trial, the court below dismissed the complaint and awarded defendant damages on its counterclaim.

It is well settled that a court's determination following a nonjury trial should not be disturbed on appeal unless it is clear that its conclusions could not have been reached under a fair interpretation of the evidence (see e.g. Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Perez v Garcia, 304 AD2d 544 [2003]). Inasmuch as the conclusion of the court below, that defendant delivered plaintiff's banner within the required 120 days, could have been reached under a fair interpretation of the evidence, the judgment is affirmed.

Pesce, P.J., Weston Patterson and Rios, JJ., concur. [*2]
Decision Date: March 27, 2006