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Jean v. Molaei

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 9, 2008

ANDREE JEAN, ETC., RESPONDENT-APPELLANT,
v.
MICHAEL M. MOLAEI, M.D., P.C., APPELLANT-RESPONDENT.

In an action, in effect, to recover damages in quantum meruit for services rendered, the defendant appeals from so much of a judgment of the Supreme Court, Westchester County (Friedman, J.H.O.), dated April 19, 2007, as, upon a decision of the same court dated March 20, 2007, made after a non-jury trial, is in favor of the plaintiff and against it, dismissing its counterclaim, and the plaintiff cross-appeals, as limited by her brief, from so much of the same judgment as, upon the decision, is in favor of the defendant and against her, dismissing the complaint.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, STEVEN W. FISHER and RANDALL T. ENG, JJ.

(Index No. 17463/03)

DECISION & ORDER

ORDERED that the judgment is affirmed, without costs or disbursements.

Upon review of a determination rendered after a non-jury trial, this Court's authority "is as broad as that of the trial court," and 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 [internal quotation marks and citation omitted]; see Betsy Meyer Assoc., Inc. v Lorber, 42 AD3d 509; Nelson v McKay, 41 AD3d 802). We discern no basis to disturb the Supreme Court's determination.

MASTRO, J.P., RIVERA, FISHER and ENG, JJ., concur.

20081209

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