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AUTOMATIC INDUSTRIES, INC. v. CHERRY LANE OWNERS CORP.

No. 2011-02700.

94 A.D.3d 796 (2012)

941 N.Y.S.2d 867

2012 NY Slip Op 2620

AUTOMATIC INDUSTRIES, INC., Respondent, v. CHERRY LANE OWNERS CORP., Appellant.

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

Decided April 10, 2012.

Ordered that the judgment is affirmed, with costs.

"This Court possesses the authority to review a determination rendered after a hearing which is as broad as that of the hearing court, and may render the judgment it finds warranted by the facts, taking into account that in a close case, the referee had the advantage of seeing the witnesses" (Perez v Fiore, 78 A.D.3d 1143, 1144 [2010]; see Vardon, Inc. v Suga Dev., LLC...

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