Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
When, as here, findings of fact rest in a large measure on the credibility of the witnesses, the decision of the trial court should not be disturbed on appeal unless its conclusions could not have been reached under any fair interpretation of the evidence (see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495).
We agree with the Supreme Court that the defendant, Eleanor T. Bellucci, did not know that the third-party defendant, Terry Rifkin, had abandoned his original plan to compensate her on a percentage basis until February 25, 1990. As a result, the defendant could not have assented to the changed terms until that time.
We have considered the parties' remaining contentions and find them to be without merit. Mangano, P.J., Thompson, Ritter and Florio, JJ, concur.