Where a case is tried without a jury, the power of the Appellate Division is as broad as that of the trial court, and this Court may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford,
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HERBST v. 1514 EASTERN PARKWAY, LTD.
46 A.D.3d 751 (2007)
848 N.Y.S.2d 343
RICHARD HERBST, Respondent, v. 1514 EASTERN PARKWAY, LTD., Appellant, et al., Defendant.
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
Decided December 18, 2007.
Decided December 18, 2007.
Appellate Division of the Supreme Court of the State of New York, Second Department.
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