DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The determination of the trial court after a nonjury trial should not be disturbed on appeal unless it is clear that the court's conclusion could not have been reached upon any fair interpretation of the evidence (see Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495; Dimmitt Owens Financial v. Dependable Indus. Supply Co., 293 A.D.2d 446; Astoria Fed. Sav. Loan Assn. v. Thrift Assns. Serv. Corp., 237 A.D.2d 475). Here, the evidence supports the trial court's conclusion that there was no defective condition on the sidewalk. As the verdict was supported by a fair interpretation of the evidence, we decline to disturb it.
In light of our determination, we need not consider whether the defendant's motion for summary judgment was properly denied.
SMITH, J.P., McGINITY, LUCIANO and CRANE, JJ., concur.