Courtesy Performance, Inc. v. Top Notch Auto Sales, Inc.
This text of 113 A.D.3d 722 (Courtesy Performance, Inc. v. Top Notch Auto Sales, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
“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.
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Cite This Page — Counsel Stack
113 A.D.3d 722, 978 N.Y.2d 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/courtesy-performance-inc-v-top-notch-auto-sales-inc-nyappdiv-2014.