TOTONELLY, JR. v. ENOS


49 A.D.3d 710 (2008)

853 N.Y.S.2d 886

PHILIP R. TOTONELLY, JR., Appellant, v. HEATHER L. ENOS, Respondent.

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

Decided March 18, 2008.


Ordered that the judgment is affirmed, with costs.

The plaintiff brought this action to determine the sum he owed to the defendant pursuant to a written agreement between the parties, and the defendant interposed a counterclaim for a sum allegedly owed based on the parties' oral and written agreements. Where, as here, a nonjury trial is involved, this Court's power to review the evidence is as broad as that of the trial court, bearing in mind that due regard must...

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