Ordered that the judgment is reversed, on the law, with costs, that branch of the defendants' motion which was for judgment as a matter of law is granted, and the complaint is dismissed.
"As this case was tried to the court, without a jury, this Court's power to review the evidence is as broad as that of the trial court, with appropriate regard given to the decision of the trial judge who was in a position to assess the credibility of the witnesses" (Bubba's Bagels...
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