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SAMET v. BINSON

2007-10130.

67 A.D.3d 988 (2009)

891 N.Y.S.2d 93

2009 NY Slip Op 08804

MICHAEL SAMET, as Executor of ANDREW SAMET, Deceased, Respondent-Appellant, v. ISAAC I. BINSON, Appellant-Respondent.

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

Decided November 24, 2009.

Ordered that the order is affirmed, with costs to the defendant.

Issues of credibility are properly determined by the hearing court, whose determination will not be disturbed on appeal if it is supported by a fair interpretation of the evidence (see Shoulson v Shoulson, 213 A.D.2d 466, 467 [1995]; DiSalvo v Ordway, 208 A.D.2d 798 [1994]). Here, since the evidence presents a "`clear...

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