PERNELL v. 287 ALBANY AVENUE, LLC

2011-01029.

95 A.D.3d 1094 (2012)

944 N.Y.S.2d 614

2012 NY Slip Op 3822

BEN PERNELL, Respondent, v. 287 ALBANY AVENUE, LLC, Appellant.

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

Decided May 15, 2012.


Ordered that the judgment is reversed, on the facts, with costs, and the complaint is dismissed.

In reviewing a determination made after a nonjury trial, the power of this Court is as broad as that of the trial court, and we may render a judgment we find warranted by the facts, bearing in mind that in a close case, the trial judge had the advantage of seeing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford,

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