Legal Opinion
Petervary v. Bubnis
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 2012Published
1Opinion of the Court
*735“In reviewing a determination made after a nonjury trial, this Court’s power is as broad as that of the trial court, and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial court had the advantage of seeing and hearing the witnesses” (BRK Props., Inc. v Wagner Ziv Plumbing & Heating Corp., 89 AD3d 883, 884 [2011]; see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]). Here, the Supreme Court’s determination that the plaintiff was ready, willing, and able to perform the terms of the subject…
2Cases cited7 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.New York Court of Appeals · 1983
- BRK Properties, Inc. v. Wagner Ziv Plumbing & Heating Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Internet Homes, Inc. v. VitulliAppellate Division of the Supreme Court of the State of New York · 2004
- Stawski v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1979
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