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McGINLEY v. LANA POSTEL

37 A.D.3d 783 (2007)

830 N.Y.S.2d 588

PATRICK W. McGINLEY et al., Respondents, v. JOAN LANA POSTEL, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 27, 2007.

Ordered that the amended order and judgment is affirmed, with costs.

In reviewing a trial court's findings of facts following a nonjury trial, this Court's authority "is as broad as that of the trial court" and includes the power to "render the judgment it finds warranted by the facts, taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses" (Northern Westchester Professional Park Assoc. v Town of Bedford,

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