DECISION ORDER
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
The determination of a court after a nonjury trial should not be disturbed on appeal unless it is clear that its conclusion could not have been reached under any fair interpretation of the evidence ( see Ouziel v. Baram, 305 A.D.2d 564). The evidence adduced at trial supported the Supreme Court's determination that Francis D. Pope, Francis D. Pope, Jr., and Daniel S. Pope assumed ownership and control of the defendant 482 Mill Road Associates, Inc., in November 1999.
Since the defendant 482 Mill Road Associates, Inc., withdrew its appeal from the judgment, its contention that the Supreme Court improperly excluded certain evidence at the trial is not properly before this court ( see Lisanti v. Belling, 269 A.D.2d 501).
McGINITY, J.P., LUCIANO, SCHMIDT and RIVERA, JJ., concur.