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It has long been the settled law that on a bench trial, the decision of the trial court is to be given great deference, and should not be disturbed on appeal “unless it is obvious that the court’s conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses.”1 This rule applies in non-primary residence proceedings.2 In 409-411 Sixth Street v. Mogi,3 however, a three-judge majority of the Appellate Division, First Department, in reversing the Appellate Term and dismissing the landlord’s non-primary residence holdover proceeding, appears not to have applied this well-established standard of review, and instead made its own findings based on an independent analysis of the evidence.

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