Opinion
No. 2009-07703.
November 3, 2010.
In an action, inter alia, for a permanent injunction, the plaintiff appeals from a judgment of the Supreme Court, Orange County (McGuirk, J.), dated June 23, 2009, which, upon a decision of the same court dated October 17, 2008, made after a nonjury trial, is in favor of the defendant and against him in the principal sum of $53,750 on the first counterclaim.
Rawlins Gibbs, LLP, New York, N.Y. (Earle A. Rawlins of counsel), for appellant.
Michael B. Heckman, Pine Bush, N.Y., for respondent.
Before: Covello, J.P., Leventhal, Belen and Hall, JJ.
Ordered that the judgment is affirmed, with costs.
On an appeal from a judgment entered after a nonjury trial, 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, quoting York Mtge. Corp. v Clotar Constr. Corp., 254 NY 128, 134 [1930]). Upon our review of the record, we find no basis to disturb the Supreme Court's determination ( see Trump Vil. Section 3 v New York State Hous. Fin. Agency, 292 AD2d 156, 158; see also Ross v Ross, 233 App Div 626, 635, aff'd 262 NY 381; see generally Furia v Furia, 116 AD2d 694, 695).
The defendant's remaining contentions are not properly before us ( see generally Centurion Taxi v Happy Go Lucky Cab Corp., 230 AD2d 817, 818; see also Cholowsky v Ciuiletti, 69 AD3d 110, 116).
The plaintiffs remaining contentions are without merit.