Ordered that the judgment is affirmed, with costs.
"Where, as here, a case is tried without a jury, our power to review the evidence is as broad as that of the trial court, bearing in mind ... that due regard must be given to the decision of the Trial Judge who was in a position to assess the evidence and the credibility of the witnesses" (Universal Leasing Servs. v Flushing Hae Kwan Rest.,
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