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Fishbein v. Chaimovitz

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


May 4, 2010

HARVEY FISHBEIN, APPELLANT,
v.
ABRAHAM CHAIMOVITZ, ET AL., RESPONDENTS.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Pines, J.), entered December 18, 2008, which, after a non-jury trial, is in favor of the defendants and against him, 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.

JOSEPH COVELLO, J. P., FRED T. SANTUCCI, DANIEL D. ANGIOLILLO, THOMAS A. DICKERSON, JJ.

(Index No. 20894/05)

DECISION & ORDER

ORDERED that the judgment is affirmed, with costs.

In reviewing a determination made after a non-jury 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 (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499; A-Tech Concrete Co., Inc. v Tilcon N.Y., Inc., 60 AD3d 603, 604). We discern no basis to disturb the Supreme Court's determination.

COVELLO, J. P., SANTUCCI, ANGIOLILLO and DICKERSON, JJ., concur.

20100504

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