DEBORAH ADEYANJU, plf-app, v. 118 EQUITIES, LLC, def-res -AND- ROBERT EZRAPOUR, K&R MANAGEMENT, INC., KEN HARON, EYTAN BENYAMIN, YOAV HARON, PETER FRANZESE, P.E., THE BOARD OF MANAGERS FOR THE ROSA PARKS CONDOMINIUM, JOHN DOE 1-8, XYZ CORP. 1-10, AND ANN WALKER MCDOWELL, def

16-357. DEBORAH ADEYANJU, plf-app, v. 118 EQUITIES, LLC, def-res -AND- ROBERT EZRAPOUR, K&R MANAGEMENT, INC., KEN HARON, EYTAN BENYAMIN, YOAV HARON, PETER FRANZESE, P.E., THE BOARD OF MANAGERS FOR THE ROSA PARKS CONDOMINIUM, JOHN DOE 1-8, XYZ CORP. 1-10, AND ANN WALKER MCDOWELL, def — Judgment (Jennifer G. Schecter, J.), entered or about October 9, 2013, affirmed, with $25 costs.

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16-357. DEBORAH ADEYANJU, plf-app, v. 118 EQUITIES, LLC, def-res -AND- ROBERT EZRAPOUR, K&R MANAGEMENT, INC., KEN HARON, EYTAN BENYAMIN, YOAV HARON, PETER FRANZESE, P.E., THE BOARD OF MANAGERS FOR THE ROSA PARKS CONDOMINIUM, JOHN DOE 1-8, XYZ CORP. 1-10, AND ANN WALKER MCDOWELL, def — Judgment (Jennifer G. Schecter, J.), entered or about October 9, 2013, affirmed, with $25 costs.

On a bench trial, the decision of the fact-finding court should not be disturbed on appeal unless the court’s conclusions could not have been reached under any fair interpretation of the evidence (see Thoreson v. Penthouse Intl., 80 NY2d 490, 495 [1992]). Applying that standard of review here, we find no basis to disturb the trial court’s dismissal, based upon a failure of proof, of plaintiff’s claims against defendant 118 Equities, LLC, the condominium sponsor, for damages arising from water infiltration into her apartment. A fair interpretation of the evidence supports the finding that plaintiff did not demonstrate the cause of the water infiltration, or explain why the sponsor is responsible for it (cf. Liberman v. Cayre Synergy 73rd LLC, 108 AD3d 426, 427 [2013]). It was within the province of the court to discount the testimony of plaintiff’s expert, since he inspected the apartment years after infiltration began and multiple repairs had been made. The evidence permitted a finding that the expert’s assessment of the apartment was too remote and his knowledge too limited, to adequately connect the sponsor to the water infiltration.

DEBORAH ADEYANJU, plf-app, v. 118 EQUITIES, LLC, def-res -AND- ROBERT EZRAPOUR, K&R MANAGEMENT, INC., KEN HARON, EYTAN BENYAMIN, YOAV HARON, PETER FRANZESE, P.E., THE BOARD OF MANAGERS FOR THE ROSA PARKS CONDOMINIUM, JOHN DOE 1-8, XYZ CORP. 1-10, AND ANN WALKER MCDOWELL, def

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