Majority
p. 722Courtesy Performance, Inc., Respondent, v Top Notch Auto Sales, Inc., et al., Appellant. [978 NYS2d 888]
“In reviewing a decision made after a nonjury trial, the power of this Court is as broad as that of the trial court, and we may render a judgment we find warranted by the facts, bearing in mind that in a close case, the trial judge had the advantage of seeing the witnesses” (DeAngelis v DeAngelis, 104 AD3d 901 , 902 [2013] [internal quotation marks omitted]; see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492 , 499 [1983]). Here, we find that the judgment of the Supreme Court was warranted by the facts presented at trial. Skelos, J.P., Leventhal, Lott and Cohen, JJ., concur.
Cases cited
- DeAngelis v. DeAngelis 104 AD3d 901 at 902 p. 722
- Northern Westchester Professional Park Associates v. Town of Bedford 60 NY2d 492 at 499 p. 722