Appeal from a final judgment of the District Court of Suffolk County, Second District (Patrick J. Barton, J.), dated September 28, 2005. The final judgment, after a nonjury trial, dismissed the nonpayment petition.

Final judgment affirmed without costs.

Landlords commenced this nonpayment proceeding by notice of petition and petition dated August 26, 2005, seeking past due rent at a monthly rate of $1,500,
pursuant to an oral rental agreement, as well as unpaid utility bills and legal fees. After a trial, the court awarded tenants a final judgment dismissing the petition, finding that landlords were not entitled to the utility bills or legal fees, that tenants' rent was $1,000 per month, and that [*2]tenants had paid all rent due through the time of the hearing. Landlord Nasima Akhter filed a notice of appeal from the final judgment.

The determination of a trial court after a nonjury trial should not be disturbed on appeal unless it is clear that the court's conclusions could not have been reached upon a fair interpretation of the evidence, especially where the findings of fact rest in large measure on considerations relating to the credibility of witnesses (see e.g. Bercow v Damus, 5 AD3d 711 [2004]). In the instant case, the court, based in part on the documentary evidence introduced, credited the testimony of tenants, who stated that their rent was $1,000 per month, and that they had paid the rent every month through September 2005. The court also discredited the testimony of landlords' agent, who claimed that tenants had failed to pay or had underpaid certain months. We find that the record amply supports the trial court's findings and conclusions, and so find no reason to disturb the final judgment.

Accordingly, the final judgment is affirmed.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: July 10, 2008