Public-domain · open source
OpenJurist

91 A.D.3d 607

Capetola v. Pelgrim

Appellate Division of the Supreme Court of the State of New York · decided 2012-01-10

Decided 2012-01-10

¶1Upon 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 war*608ranted 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.

¶2The defendant’s remaining contentions are without merit. Dillon, J.R, Balkin, Leventhal and Chambers, JJ., concur.

/91/ad3d/607 · .json · Public domain