Opinion
2013-05922
11-12-2014
Luis A. Velasco, et al., appellants, v. 34-06 73rd Street, LLC, respondent, et al., defendant.
Steven Zalewski & Associates, P.C., Kew Gardens, N.Y. (Dustin Bowman of counsel), for appellants. Horing, Welikson & Rosen, P.C., Williston Park, N.Y. (Richard T. Walsh of counsel), for respondent.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS, JJ. (Index No. 27818/07)
Steven Zalewski & Associates, P.C., Kew Gardens, N.Y. (Dustin Bowman of counsel), for appellants.
Horing, Welikson & Rosen, P.C., Williston Park, N.Y. (Richard T. Walsh of counsel), for respondent.
DECISION & ORDER
In an action, inter alia, for the return of a down payment given pursuant to a contract for the sale of real property, the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Risi, J.H.O.), dated April 3, 2013, which, upon a decision of the same court dated November 10, 2010, made after a nonjury trial, is in favor of the defendant 34-06 73rd Street, LLC, and against them, and directs the escrow agent to remit the down payment to the defendant 34-06 73rd Street, LLC.
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 AD3d 901, 902 [internal quotation marks and citation omitted]; see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499). Here, we find that the judgment of the Supreme Court was warranted by the facts presented at trial.
ENG, P.J., DILLON, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court