Jean v Michael M. Molaei, M.D., P.C.
2008 NY Slip Op 09756 [57 AD3d 620]
December 9, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


mAndree Jean, Respondent-Appellant,
v
Michael M. Molaei, M.D., P.C., Appellant-Respondent.

[*1] Jack Bliss, White Plains, N.Y., for appellant-respondent.

James W. Badie, Tarrytown, N.Y., for respondent-appellant.

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 nonjury 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.

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

Upon review of a determination rendered after a nonjury 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 [1983] [citation and internal quotation marks omitted]; see Betsy Meyer Assoc., Inc. v Lorber, 42 AD3d 509 [2007]; Nelson v McKay, 41 AD3d 802 [2007]). We discern no basis to disturb the Supreme Court's determination. Mastro, J.P., Rivera, Fisher and Eng, JJ., concur.