Capetola v. Pelgrim

91 A.D.3d 607, 936 N.Y.2d 553

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 10, 2012
• Status: Published

Opinion

Upon review of a determination rendered after a nonjury trial, this Court’s authority “is as broad as that of the trial court,” and this Court may “render the judgment it finds warranted by the facts, taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses” (Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983] [internal quotation marks omitted]). Applying these principles, we discern no basis to disturb the Supreme Court’s determination.

The defendant’s remaining contentions are without merit. Dillon, J.R, Balkin, Leventhal and Chambers, JJ., concur.