MJAC Realty Corp. v. Boccio

Appellate Division of the Supreme Court of New York

MJAC Realty Corp. v. Boccio

67 A.D.3d 870, 888 N.Y.S.2d 428

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 17, 2009

StatusPublished

Cited by4 cases

This text of 67 A.D.3d 870 (MJAC Realty Corp. v. Boccio) 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.

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MJAC Realty Corp. v. Boccio, 67 A.D.3d 870, 888 N.Y.S.2d 428 (N.Y. Ct. App. 2009).

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Opinion

In an action, inter alia, to recover damages for breach of a commercial lease, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Cozzens, J.), entered June 13, 2008, which, after a nonjury trial, is in favor of the defendants Robert Boecio and Beacon Security Systems, Inc., and against it, dismissing the complaint insofar as asserted against those defendants.

Ordered that the judgment is affirmed, with costs.

Where, as here, a case is tried without a jury, 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]). The Supreme Court’s implicit finding that the defendants Robert Boecio and Beacon Security Systems, Inc., did not breach the commercial lease at issue was warranted by the facts (see Health TV Sports v 1020 WW Food Corp., 191 AD2d 534, 534-535 [1993]; cf. Tarantola v La Squisita Foods, Inc., 40 AD3d 1071 [2007]; A-Tech Concrete Co., Inc. v Tilcon N.Y., Inc., 60 AD3d 603, 604 [2009]). Accordingly, the complaint was properly dismissed insofar as asserted against those defendants. Prudenti, P.J., Skelos, Covello and Austin, JJ., concur.

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In an action, inter alia, to recover damages for breach of a commercial lease, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Cozzens, J.), entered June 13, 2008, which, after a nonjury trial, is in favor of the defendants Robert Boecio and Beacon Security Systems, Inc., and against it, dismissing the complaint insofar as asserted against those defendants.

Ordered that the judgment is affirmed, with costs.

Where, as here, a case is tried without a jury, 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]). The Supreme Court’s implicit finding that the defendants Robert Boecio and Beacon Security Systems, Inc., did not breach the commercial lease at issue was warranted by the facts (see Health TV Sports v 1020 WW Food Corp., 191 AD2d 534, 534-535 [1993]; cf. Tarantola v La Squisita Foods, Inc., 40 AD3d 1071 [2007]; A-Tech Concrete Co., Inc. v Tilcon N.Y., Inc., 60 AD3d 603, 604 [2009]). Accordingly, the complaint was properly dismissed insofar as asserted against those defendants. Prudenti, P.J., Skelos, Covello and Austin, JJ., concur.

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Bluebook (online)

67 A.D.3d 870, 888 N.Y.S.2d 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mjac-realty-corp-v-boccio-nyappdiv-2009.

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