MJAC REALTY CORP. v. BOCCIO

2008-06595

67 A.D.3d 870 (2009)

888 N.Y.S.2d 428

2009 NY Slip Op 08589

MJAC REALTY CORP., Appellant, v. ROBERT BOCCIO et al., Respondents, et al., Defendant.

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

Decided November 17, 2009.


Ordered that the judgment is affirmed, with costs.

Where, as here, a case is tried without a jury, this Court's authority is as broad as that of the trial court, and this Court "may 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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