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Jean v. Molaei

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 2008
57 A.D.3d 620 (N.Y. App. Div. 2008)

Opinion

No. 2007-04758.

December 9, 2008.

In an action, in effect, to recover damages in quantum meruit for services rendered, the defendant appeals from so much of a judgment of the Supreme Court, Westchester County (Friedman, J.H.O.), dated April 19, 2007, as, upon a decision of the same court dated March 20, 2007, made after a nonjury trial, is in favor of the plaintiff and against it, dismissing its counterclaim, and the plaintiff cross-appeals, as limited by her brief, from so much of the same judgment as, upon the decision, is in favor of the defendant and against her, dismissing the complaint.

Jack Bliss, White Plains, N.Y., for appellant-respondent.

James W. Badie, Tarrytown, N.Y., for respondent-appellant.

Before: Mastro, J.P., Rivera, Fisher and Eng, JJ. concur.


Ordered that the judgment is affirmed, without costs or disbursements.

Upon review of a determination rendered 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 the witnesses" ( Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [citation and internal quotation marks omitted]; see Betsy Meyer Assoc. Inc. v Lorber, 42 AD3d 509; Nelson v McKay, 41 AD3d 802). We discern no basis to disturb the Supreme Court's determination.


Summaries of

Jean v. Molaei

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 2008
57 A.D.3d 620 (N.Y. App. Div. 2008)
Case details for

Jean v. Molaei

Case Details

Full title:ANDREE JEAN, Respondent-Appellant, v. MICHAEL M. MOLAEI, M.D., P.C.…

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

Date published: Dec 9, 2008

Citations

57 A.D.3d 620 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9756
868 N.Y.S.2d 549

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