CAVELL v. SIALIANO

ORDERED that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly charged the jury that the standard of proof for establishing fraud is clear and convincing evidence (see, Simcuski v. Saeli, 44 N.Y.2d 442; Rudman v. Cowles Communications, 30 N.Y.2d 1). Furthermore, we perceive no reason to disturb the jury's determination, which was based upon an assessment of the plaintiff's credibility and a fair interpretation of the evidence (see, Tarantino v. Vanguard Leasing Co., 187 A.D.2d 422; Brugellis v. Batts, 129 A.D.2d 545).

The plaintiff's remaining contentions are either unpreserved for appellate review or without merit.