DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The determination of a trial court after a nonjury trial should not be disturbed on appeal unless it is not supported by legally sufficient evidence or could not have been reached by any fair interpretation of the evidence ( see A S Trucking Serv. v. New York State Thruway Auth., 268 A.D.2d 493). The evidence in this case was legally sufficient for the trial court to conclude that the plaintiffs failed to substantially perform their contractual obligations, or were not ready, willing and able to satisfy those obligations not yet performed ( see Johnson v. Phelan, 281 A.D.2d 394, 395). Accordingly, the Supreme Court properly dismissed the complaint. In addition, the defendants were entitled to retain the contract deposit as liquidated damages under the contract for the plaintiffs' breach in refusing to close ( see Cooper v. Bosse, 85 A.D.2d 616, 618). The defendants were also properly awarded damages for trespass based upon the rental value of the property ( see Litwin v. Town of Huntington, 248 A.D.2d 361).
The plaintiffs' remaining contentions are without merit.
SANTUCCI, J.P., FLORIO, SCHMIDT and ADAMS, JJ., concur.