Vitiello v. Merwin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Upon review of a determination rendered after a nonjury trial, this Court’s authority “is as broad as that of the trial court,” and this Court may “render the judgment it finds warranted by the facts, taking into account in a close case the fact *633that the trial judge had the advantage of seeing the witnesses” (Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983] [internal quotation marks omitted]; see Walsh v Ellis, 64 AD3d 702, 704 [2009]; Krol v Eckman, 256 AD2d 945, 946-947 [1998]).
The plaintiffs demonstrated that they possessed an easement by…
2Cases cited11 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Prentice v. . GeigerNew York Court of Appeals · 1878
- Mandia v. King Lumber & Plywood Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Walsh v. EllisAppellate Division of the Supreme Court of the State of New York · 2009
- 315 Main Street Poughkeepsie, LLC v. WA 319 Main, LLCAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by13 opinions
- 91-54 Gold Road, LLC v. Cross-Deegan Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- XXXX, L.P. v. 363 Prospect Place, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Garden Homes Mobile Home Park Co. v. PatelAppellate Division of the Supreme Court of the State of New York · 2012
- Patel v. Garden Homes Management Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Daniello v. WagnerAppellate Division of the Supreme Court of the State of New York · 2023
8 more not listed; retrieve them via the Exa API.