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BAUERSCHMIDT & SONS, INC. v. NOVA CAS. CO.

2011-03708

2012 NY Slip Op 00740

BAUERSCHMIDT & SONS, INC., respondent, v. NOVA CASUALTY COMPANY, appellant.

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

Decided January 31, 2012.

Attorney(s) appearing for the Case

Melito & Adolfsen, P.C., New York, N.Y. ( Ignatius John Melito of counsel), for appellant.

Meyer, Suozzi, English & Klein, P.C., Garden City, N.Y. ( Robert N. Zausmer of counsel), for respondent.

Before: Reinaldo E. Rivera, J.P., Randall T. Eng, Plummer E. Lott, Sandra L. Sgroi, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed, with costs.

On an appeal from a judgment entered after a nonjury trial, the power of this Court "to review the evidence is as broad as that of the trial court, bearing in mind . . . that due regard must be given to the decision of the Trial Judge who was in a position to assess the evidence and the credibility of the witnesses'" (Tornheim v Kohn, 31 A.D.3d 748

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