Legal Opinion

Neustein v. Estate of Neustein

Appellate Division of the Supreme Court of the State of New York

Decided July 11, 2012Published

1Opinion of the Court

*685“In reviewing a determination 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” (Marini v Lombardo, 79 AD3d 932, 933 [2010]; see Campbell v Campbell, 50 AD3d 614 [2008]).

Contrary to the contentions of Joshua Neustein, a defendant in Matter No. 2 (hereinafter Joshua), the Surrogate properly awarded damages to the plaintiff in that matter (hereinafter the plaintiff) for the value of the rent of the…

2Cases cited23 opinions

  1. In re the Estate of RothkoNew York Court of Appeals · 1977
  2. Baker v. . DrakeNew York Court of Appeals · 1873
  3. Marini v. LombardoAppellate Division of the Supreme Court of the State of New York · 2010
  4. Lyke v. AndersonAppellate Division of the Supreme Court of the State of New York · 1989
  5. Golonka v. Plaza at Latham, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2000

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