| PKG Assoc., Inc. v Mile Dev. Corp. |
| 2009 NY Slip Op 01456 [59 AD3d 693] |
| February 24, 2009 |
| Appellate Division, Second Department |
| PKG Associates, Inc., et al., Respondents, v MileDevelopment Corp., Doing Business as Beechwood Organization, et al.,Appellants. |
—[*1] Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola, N.Y. (Thomas J. McGowan ofcounsel), for respondents.
In an action to recover a finder's fee in connection with the acquisition of real property, thedefendants appeal from a judgment of the Supreme Court, Nassau County (LaMarca, J.), enteredNovember 5, 2007, which, upon a decision of the same court dated October 10, 2007, made aftera nonjury trial, is in favor of the plaintiffs and against them in the principal sum of $540,000.
Ordered that the judgment is modified, on the facts, by deleting the provision thereofawarding the plaintiff the principal sum of $540,000 and substituting therefor a provisionawarding the plaintiff the principal sum of $360,000; as so modified, the judgment is affirmed,without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County,for a recalculation of prejudgment interest and the entry of an appropriate amended judgmentthereafter.
Upon review of a determination rendered after a nonjury trial, this Court's authority "is asbroad as that of the trial court" (Northern Westchester Professional Park Assoc. v Town ofBedford, 60 NY2d 492, 499 [1983]), and this Court may "render the judgment it findswarranted by the facts, taking into account in a close case the fact that the trial judge had theadvantage of seeing the witnesses" (id.; see Perfect Crown Vic, Inc. v Douce Hacking Corp., 56 AD3d 448[2008]). Upon our review of the record, we find that an award of $360,000 is warranted by thefacts. Mastro, J.P., Covello, Dickerson and Leventhal, JJ., concur.