SUPERIOR VENDING SERVS., INC. v. WORKMEN'S CIRCLE HOME AND INFIRMARY FOUNDATION FOR THE AGED NEW YORK STATE BRANCHES, INC.

2015-01150, Index No. 1964/09.

148 A.D.3d 960 (2017)

2017 NY Slip Op 01908

49 N.Y.S.3d 714

SUPERIOR VENDING SERVICES, INC., Appellant, v. WORKMEN'S CIRCLE HOME AND INFIRMARY FOUNDATION FOR THE AGED, NEW YORK STATE BRANCHES, INC., Doing Business as WORKMEN'S CIRCLE MULTICARE CENTER, Respondent.

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

Decided March 15, 2017.


Ordered that the judgment is affirmed, with costs.

When reviewing a determination made after a nonjury trial, "this Court's authority is as broad as that of the trial court, and this Court may render the judgment it finds warranted by the facts, taking into account in a close case the fact that the trial judge had the advantage of seeing and hearing the witnesses" (Todd Rotwein, D.P.M., P.C. v Nader Enters., LLC,

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