DePaula v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In reviewing a determination made after a nonjury 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 and hearing the testimony (Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; see Bryant v State of New York, 77 AD3d 875, 876 [2010]; Stevens v State of New York, 47 AD3d 624, 625 [2008]; Domanova v State of New York, 41 AD3d 633, 634 [2007]).
Here, the trial court’s…
2Cases cited10 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Martin v. City of AlbanyNew York Court of Appeals · 1977
- Stevens v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Domanova v. StateAppellate Division of the Supreme Court of the State of New York · 2007
- Minasian v. LubowAppellate Division of the Supreme Court of the State of New York · 2008
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Plato General Construction Corp./EMCO Tech Construction Corp. JV, LLC v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Doe v. StateAppellate Division of the Supreme Court of the State of New York · 2011
- Jones v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Ganai v. 6910 Fort Hamilton Parkway Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Quintanilla v. StateAppellate Division of the Supreme Court of the State of New York · 2012
18 more not listed; retrieve them via the Exa API.