L.B. KAYE INTERNATIONAL v. 100 VARICK REALTY

Inasmuch as the evidence, fairly considered, permitted the trial court, sitting as factfinder, to decide the matter as it did, its determination should not be disturbed ( see Claridge Gardens, Inc. v. Menotti, 160 AD2d 544, 544-545; accord Executive Fashions, Inc. v. Howard, 261 AD2d 159). In light of the court's finding that defendant intentionally excluded plaintiff from exercising the exclusive leasing rights it obtained under the brokerage agreement, plaintiff was entitled to a full commission when defendant leased the premises covered by the agreement on its own.