KREMER v. 4-65 48TH AVENUE, INC

ORDERED that on the court's own motion, the notice of appeal from the decision is deemed to be a premature notice of appeal from the judgment ( see CPLR 5520 [c]); and it is further,

ORDERED that the judgment is affirmed, with costs.

A judgment rendered after a nonjury trial should not be disturbed on appeal unless it is clear that the trial court's conclusion could not have been reached under any fair interpretation of the evidence ( see Belloff v. Wayco Agencies, 280 A.D.2d 503). Here, a fair interpretation of the evidence supports the trial court's determination that the individual defendant, who is the majority shareholder of the defendant 4-65 48th Avenue, Inc., a closely held corporation, as well as one of [* 2]its directors, did not breach the fiduciary duty that he owed to the trust in question, which was a minority shareholder, during the relevant time period ( see Alpert v. 28 Williams Street Corp., 63 N.Y.2d 557; Belloff v. Wayco Agencies, supra at 504; Business Corporation Law § 713[b]). Accordingly, the trial court properly dismissed the complaint ( see Belloff v. Wayco Agencies, supra, at 503-504).

SANTUCCI, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.