Ordered that the cross appeal is dismissed as abandoned (see 22 NYCRR 670.8 [c]); and it is further,
Ordered that the judgment is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the respondent-appellant.
On appeal from a judgment entered after a nonjury trial, 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...
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