Opinion
2014-01-22
COURTESY PERFORMANCE, INC., respondent, v. TOP NOTCH AUTO SALES, INC., et al., appellants.
Thomas E. Humbach, Pearl River, N.Y., for appellants. JenniElena Rubino, New York, N.Y., for respondent.
Thomas E. Humbach, Pearl River, N.Y., for appellants. JenniElena Rubino, New York, N.Y., for respondent.
In an action, inter alia, to recover damages for breach of contract and fraud, the defendants appeal from a judgment of the Supreme Court, Dutchess County (Brands, J.), dated October 25, 2012, which, upon a decision of the same court dated August 10, 2012, made after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $48,000.
ORDERED that the judgment is affirmed, with costs.
“In reviewing a decision made after a nonjury trial, the power of this Court is as broad as that of the trial court, and we may render a judgment we find warranted by the facts, bearing in mind that in a close case, the trial judge had the advantage of seeing the witnesses” (DeAngelis v. DeAngelis, 104 A.D.3d 901, 902, 962 N.Y.S.2d 328 [internal quotation marks omitted]; see Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809). Here, we find that the judgment of the Supreme Court was warranted by the facts presented at trial. SKELOS, J.P., LEVENTHAL, LOTT and COHEN, JJ., concur.