PROTANO v. 16 NORTH CHATSWORTH AVENUE CORP

Ordered that the judgment is affirmed insofar as appealed from, with costs.

We agree with the trial court that noise and vibration generated by a fuel booster located directly beneath the plaintiff's cooperative apartment did not constitute a breach of the warranty of habitability ( see, Solow v. Wellner, 86 N.Y.2d 582). Moreover, the defendant's actions relating to the installation and maintenance of the fuel booster did not amount to a breach of its fiduciary duty ( see, Matter of Levandusky v. One Fifth Ave. Apt. Corp., 75 N.Y.2d 530). The court's determination rested largely on its assessment of the credibility of the witnesses presented during the trial, and the determination was supported by a fair interpretation of the evidence ( see, Matter of Liccione v. John H., 65 N.Y.2d 826; Smith v. Comas, 173 A.D.2d 535).