Ordered that the notice of appeal from the decision is deemed a premature notice of appeal from the judgment (see CPLR 5520 [c]); and it is further,
Ordered that the judgment is affirmed, with costs.
Where, as here, a case is tried without a jury, this Court's power to review the evidence is as broad as that of the trial court, although due regard must be given to the decision of the trial judge who was in a position to assess the evidence and the credibility...
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