LONG ISLAND AUTO CONSULTANTS, INC. v. HUBBARD SAND & GRAVEL CORP.


64 A.D.3d 688 (2009)

881 N.Y.S.2d 909

LONG ISLAND AUTO CONSULTANTS, INC., et al., Appellants, v. HUBBARD SAND & GRAVEL CORP., Respondent.

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

Decided July 21, 2009.


Ordered that the judgment is affirmed, with costs.

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 be given to "`the fact that the trial judge had the advantage of seeing the witnesses'" (Northern Westchester Professional Park Assoc. v Town of Bedford, 60 N.Y.2d 492, 499 [1983], quoting York Mtge. Corp. v...

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