| Courtesy Performance, Inc. v Top Notch Auto Sales, Inc. |
| 2014 NY Slip Op 00321 [113 AD3d 722] |
| January 22, 2014 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Courtesy Performance, Inc., Respondent, v Top Notch Auto Sales, Inc., et al., Appellant. |
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JenniElena Rubino, New York, N.Y., for respondent.
In an action, inter alia, to recover damages for breach of contract and fraud, the defendants appeal from a judgment of the Supreme Court, Dutchess County (Brands, J.), dated October 25, 2012, which, upon a decision of the same court dated August 10, 2012, made after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $48,000.
Ordered that the judgment is affirmed, with costs.
"In reviewing a decision made after a nonjury trial, the power of this Court is as broad as that of the trial court, and we may render a judgment we find warranted by the facts, bearing in mind that in a close case, the trial judge had the advantage of seeing the witnesses" (DeAngelis v DeAngelis, 104 AD3d 901, 902 [2013] [internal quotation marks omitted]; see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]). Here, we find that the judgment of the Supreme Court was warranted by the facts presented at trial. Skelos, J.P., Leventhal, Lott and Cohen, JJ., concur.