Appellate Division of the Supreme Court of New York, 2000

American Asbestos Management, Inc. v. DME Construction Associates, Inc.

American Asbestos Management, Inc. v. DME Construction Associates, Inc.
Appellate Division of the Supreme Court of New York · Decided May 16, 2000
272 A.D.2d 169; 708 N.Y.S.2d 857; 2000 N.Y. App. Div. LEXIS 5672
American Asbestos Management, Inc. v. DME Construction Associates, Inc.

Opinion of the Court

—Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered January 27, 1999, which, after a nonjury trial, awarded plaintiff in this action for breach of *170contract the total amount of $50,148.21 from defendants, unanimously affirmed, with costs.

Contrary to defendants’ arguments, an examination of the record discloses no ground warranting disturbance of the trial court’s determinations of credibility or its findings of fact (see, Langenbacher Co. v Tolksdorf, 199 AD2d 64), particularly since the court relied on the subcontract as written, rather than defendants’ assertion of oral modification of the payment schedule. Concur — Sullivan, P. J., Rosenberger, Nardelli, Ellerin and Wallach, JJ.

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