Appellate Division of the Supreme Court of the State of New York December 12, 2012 (Fidan v. NAYCI Contracting & Custom Cabinetry Corp.)

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 in a close case, the trial judge had the advantage of seeing the witnesses and hearing the testimony (Northern Westchester Professional Park Assoc.