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MARJAM SUPPLY CO., INC. v. ALL CRAFT FABRICATORS, INC.

2011-02963.

94 A.D.3d 954 (2012)

942 N.Y.S.2d 218

2012 NY Slip Op 2845

MARJAM SUPPLY CO., INC., Appellant, v. ALL CRAFT FABRICATORS, INC., et al., Defendants, and D. ROBERT DONALDSON et al., Respondents.

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

Decided April 17, 2012.

Ordered that the judgment is affirmed, with costs.

"In reviewing a trial court's findings of fact following a nonjury trial, this Court's authority is as broad as that of the trial court and includes the power to render the judgment it finds warranted by the facts, bearing in mind that due regard must be given to the decision of a trial judge who was in the position to assess the evidence and the credibility of the witnesses" (Bank of N.Y. v Spadafora,

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