| Town of Hempstead v DeMasco |
| 2009 NY Slip Op 03715 [62 AD3d 692] |
| May 5, 2009 |
| Appellate Division, Second Department |
| Town of Hempstead, Appellant, v Joseph DeMasco et al.,Respondents. |
—[*1] Richard L. Gumo, Delhi, N.Y., for respondents.
In an action to permanently enjoin the defendants from operating a junkyard or scrap metalbusiness, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Galasso,J.), entered September 10, 2008, which, after a nonjury trial, is in favor of the defendants andagainst it denying a permanent injunction.
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 bythe facts, taking into account in a close case the fact that the trial judge had the advantage ofseeing the witnesses" (Northern Westchester Professional Park Assoc. v Town of Bedford,60 NY2d 492, 499 [1983]). We discern no basis to disturb the Supreme Court'sdetermination.
The plaintiff's remaining contentions are without merit. Fisher, J.P., Miller, Chambers andAustin, JJ., concur.