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PRAIMNATH v. TORRES

59 A.D.3d 419 (2009)

873 N.Y.S.2d 133

WILLIAM N. PRAIMNATH et al., Appellants, v. FRANKLIN TORRES, Respondent.

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

Decided February 3, 2009.

Ordered that the judgment is affirmed, with costs.

Where a matter is tried without a jury, the authority of this Court on appeal "is as broad as that of the trial court . . . and. . . as to a bench trial [we] may render the judgment [we] find[ ] 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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