Opinion
No. 2013–1920 S C.
01-15-2015
Vincent F. MINUTO, Appellant, v. EAST END AUTO REPAIR, Respondent.
Opinion
Appeal from a judgment of the Justice Court of the Town of East Hampton, Suffolk County (Catherine A. Cahill, J.), entered April 9, 2013. The judgment, after a nonjury trial, dismissed the complaint.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this action to recover the sum of $1,225.25, alleging that defendant had performed unauthorized work on plaintiff's vehicle. After a nonjury trial, the Justice Court dismissed the complaint.
In reviewing a determination made after a nonjury trial, the power of this court is as broad as that of the trial court, and this court may render the judgment it finds warranted by the facts, bearing in mind that the trial judge had the advantage of seeing the witnesses and hearing their testimony (see Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499 [1983] ; Hamilton v. Blackwood, 85 AD3d 1116 [2011] ; Zeltser v. Sacerdote, 52 AD3d 824, 826 [2008] ). Upon a review of the record, we find no basis to disturb the judgment of the Justice Court.
Accordingly, the judgment is affirmed.
MARANO, J.P., TOLBERT and GARGUILO, JJ., concur.