Legal Opinion
Bauerschmidt & Sons, Inc. v. Nova Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2012PublishedCited by 3 opinions
1Opinion of the Court
On an appeal from a judgment entered after a nonjury trial, the power of this Court “ ‘to review the evidence is as broad as that of the trial court, bearing in mind . . . that due regard must be given to the decision of the Trial Judge who was in a position to assess the evidence and the credibility of the witnesses’ ” (Tornheim v Kohn, 31 AD3d 748, 748 [2006], quoting Universal Leasing Servs. v Flushing Hae Kwan Rest., 169 AD2d 829, 830 [1991]; see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Huner v State of New York, 90 AD3d 992 [2011]; A.…
2Cases cited8 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Universal Leasing Services, Inc. v. Flushing Hae Kwan RestaurantAppellate Division of the Supreme Court of the State of New York · 1991
- Tornheim v. KohnAppellate Division of the Supreme Court of the State of New York · 2006
- A. Montilli Plumbing & Heating Corp. v. ValentinoAppellate Division of the Supreme Court of the State of New York · 2011
- Abbey Richmond Ambulance Service, Inc. v. Northbrook Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by3 opinions
- Marjam Supply Co. v. All Craft Fabricators, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- LoGerfo v. Trustees of Columbia University in City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- LoGerfo v. Trustees of Columbia University in City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012