DiLorenzo v Estate Motors, Inc.
2007 NY Slip Op 07653 [44 AD3d 702]
October 9, 2007
Appellate Division, Second Department
As corrected through Wednesday, December 12, 2007


Marc DiLorenzo, Respondent,
v
Estate Motors, Inc.,Appellant.

[*1]DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, N.Y. (PatrickM. Reilly of counsel), for appellant.

Weiss & Associates, P.C., New York, N.Y. (Matthew J. Weiss of counsel), forrespondent.

In an action, inter alia, to recover damages for breach of contract, the defendant appeals froma judgment of the Supreme Court, Westchester County (Friedman, J.H.O.), entered August 21,2006, which, after a nonjury trial, and upon a decision of the same court dated May 18, 2006, isin favor of the plaintiff and against it in the principal sum of $45,500.

Ordered that the judgment is affirmed, with costs.

Upon review of a determination rendered after a nonjury trial, this Court's authority "is asbroad as that of the trial court," and this Court may "render the judgment it finds warranted by thefacts, taking into account in a close case the fact that the trial judge had the advantage of seeingthe witnesses" (Northern Westchester Professional Park Assoc. v Town of Bedford, 60NY2d 492, 499 [1983] [internal quotation marks omitted]; see Betsy Meyer Assoc., Inc. v Lorber, 42 AD3d 509 [2007]; Nelson v McKay, 41 AD3d 802[2007]). We find there is no basis to disturb the Supreme Court's determination in this case (see Betsy Meyer Assoc., Inc. v Lorber,42 AD3d 509 [2007]). Miller, J.P., Ritter, Goldstein and Dickerson, JJ., concur.


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