JUDITH ANN ABRAMS, pet-ap, v. 4-6-8, LLC, TRANSREALTY INC., AND MICHAEL KING, res-res, -andDEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT (DHPD), res

12-397/399. JUDITH ANN ABRAMS, pet-ap, v. 4-6-8, LLC, TRANSREALTY INC., AND MICHAEL KING, res-res, -andDEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT (DHPD), res — Judgment (David B. Cohen, J.), entered on or about January 28, 2010, affirmed, with $25 costs. Judgment (David J. Kaplan, J.), entered March 21, 2011, reversed, without costs, and the award of attorney's fees is vacated.

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12-397/399. JUDITH ANN ABRAMS, pet-ap, v. 4-6-8, LLC, TRANSREALTY INC., AND MICHAEL KING, res-res, -andDEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT (DHPD), res — Judgment (David B. Cohen, J.), entered on or about January 28, 2010, affirmed, with $25 costs. Judgment (David J. Kaplan, J.), entered March 21, 2011, reversed, without costs, and the award of attorney’s fees is vacated.

We sustain the trial court’s dismissal of this Housing Part (HP) enforcement proceeding. A fair interpretation of the evidence, including the opinion testimony of landlord’s acoustic expert, supports the court’s factladen determination that the noise violation — relating to the noise emanating from the boiler directly beneath tenant’s ground floor apartment — had been corrected prior to trial, and that the sound levels in her apartment did not violate the Building Code. The evidence showed and the court expressly found that landlord performed “significant work” in the boiler room and remedied the condition as of September 2008. These findings, resting in large measure on considerations relating to the credibility of witnesses, is entitled to deference on appeal (see Thoreson v. Penthouse Intl., 80 NY2d 490, 495 [1992]). In this regard, the trial court was in the best position to evaluate the credibility of the witnesses and to choose among conflicting expert opinions (see Rite Aid of New York No. 4928 v. Assessor of Town of Colonie, 58 AD3d 963, 964 [2009], lv denied 12 NY3d 709 [2009]).

JUDITH ANN ABRAMS, pet-ap, v. 4-6-8, LLC, TRANSREALTY INC., AND MICHAEL KING, res-res, -andDEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT (DHPD), res

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