Opinion
2014-08-13
Arthur GERSHFELD, respondent, v. MOZER ARCHITECT DESIGN, P.C., et al., appellants.
Rothkrug, Rothkrug & Spector, LLP, Great Neck, N.Y. (Simon H. Rothkrug of counsel), for appellants. Shaun M. Malone, P.C., Northport, N.Y., for respondent.
Rothkrug, Rothkrug & Spector, LLP, Great Neck, N.Y. (Simon H. Rothkrug of counsel), for appellants. Shaun M. Malone, P.C., Northport, N.Y., for respondent.
In an action, inter alia, to recover damages for breach of contract, the defendants appeal from a judgment of the Supreme Court, Kings County (Kurtz, Ct. Atty. Ref.), dated August 28, 2012, which, upon a decision of the same court dated July 3, 2012, made after a nonjury trial, is in favor of the plaintiffs and against them in the principal sum of $24,000.
ORDERED that the judgment is affirmed, with costs.
In reviewing a determination made after a nonjury trial, this Court's power is as broad as the trial court's power, and this Court may render the judgment it finds warranted by the facts, taking into account in a close case that the trial judge had the advantage of seeing the witnesses ( 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, the Supreme Court's determination that the defendants breached the subject contract was warranted by the facts. Thus, we decline to disturb that determination. RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.