| Totonelly v Enos |
| 2008 NY Slip Op 02573 [49 AD3d 710] |
| March 18, 2008 |
| Appellate Division, Second Department |
| Philip R. Totonelly, Jr., Appellant, v Heather L. Enos,Respondent. |
—[*1] Kevin F. Collins, New City, N.Y., for respondent.
In an action to determine the sum owed by the plaintiff to the defendant pursuant to a writtenagreement between the parties, the plaintiff appeals from a judgment of the Supreme Court,Westchester County (Murphy, J.), dated October 6, 2006, which, after a nonjury trial, is in favorof the defendant and against him in the principal sum of $68,550.
Ordered that the judgment is affirmed, with costs.
The plaintiff brought this action to determine the sum he owed to the defendant pursuant to awritten agreement between the parties, and the defendant interposed a counterclaim for a sumallegedly owed based on the parties' oral and written agreements. Where, as here, a nonjury trialis involved, this Court's power to review the evidence is as broad as that of the trial court, bearingin mind that due regard must be given to the trial court, which was in a position to assess theevidence and the credibility of the witnesses (see Northern Westchester Professional ParkAssoc. v Town of Bedford, 60 NY2d 492 [1983]; Vizzari v Hernandez, 1 AD3d 431 [2003]).
Contrary to the plaintiff's contention, the trial court's determination awarding judgment infavor of the defendant in the principal sum of $68,550 is warranted by the facts.
The plaintiff's remaining contentions are without merit. Lifson, J.P., Ritter, Florio and Carni,JJ., concur.