GELFAND v. ADJO CONTRACTING CORP.

2009-09638.

82 A.D.3d 932 (2011)

918 N.Y.S.2d 730

MATTHEW GELFAND et al., Respondents, v. ADJO CONTRACTING CORP. et al., Defendants, and TOWN OF HEMPSTEAD, Appellant. (And a Third-Party Action.)

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

Decided March 15, 2011.


Ordered that the judgment is affirmed, with costs.

In reviewing the Supreme Court's determination, made after a nonjury trial, our authority "is as broad as that of the trial court" and we "may render the judgment . . . 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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