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ROACHE v. CITY OF MOUNT VERNON

Appellate Division of the Supreme Court of New York, Second Department.
Apr 16, 1990

Ordered that the order is affirmed, with costs.

"The Trial Judge's assessment of the credibility of the witness' testimony is to be afforded great weight" (Matter of Liccione v. John H., 65 N.Y.2d 826, 827). Moreover, where, as here, the physical characteristics of the witnesses were a critical issue, the Supreme Court, Westchester County, was in the best position to evaluate the evidence, and we perceive no basis in the record upon which to disturb its findings. Rubin, J.P., Balletta, Rosenblatt and Miller, JJ., concur.