WASHINGTON v. WASHINGTON


56 A.D.3d 463 (2008)

867 N.Y.S.2d 478

ANNE B. WASHINGTON, Respondent, v. BARRY A. WASHINGTON, Appellant.

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

Decided November 5, 2008.


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the complaint is dismissed.

In reviewing a determination made after a nonjury trial, this Court's power is as broad as that of the trial court, and it 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 and hearing the witnesses (see Northern Westchester Professional Park Assoc. v Town of...

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