Appeal from a judgment of the Justice Court of the Town of Wallkill, Orange County (Ray Shoemaker, J.), entered on October 14, 2004. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,945.

Judgment affirmed without costs.

In this action, plaintiff sought to recover the $1,945 balance due for 12 head of cattle and one horse purchased by defendant. The issue presented on appeal is primarily one of credibility. The determination of the fact-finding court should not be disturbed on appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence especially when the findings of fact rest in large measure on considerations relating to the credibility of the witnesses (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). Here, the evidence supports the trial court's findings. The court's return indicates that plaintiff testified that the agreement between the parties had been modified and the parties agreed to a price of $265 for each head of cattle and one horse. Consequently, we find no basis to disturb the judgment of the court below.

Rudolph, P.J., Tanenbaum and Lippman, JJ., concur.
Decision Date: April 27, 2006