Fidan v. NAYCI Contracting & Custom Cabinetry Corp.

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 Bed-ford, 60 NY2d 492, 499 [1983]). Here, the Supreme Court’s determination that the plaintiff breached his contract with the defendant by not allowing the defendant to complete the renovations of his apartment was warranted…