Gelfand v. Adjo Contracting Corp.

In reviewing the Supreme Court’s determination, made after a nonjury trial, our authority “is as broad as that of the trial court” and we “may render the judgment. . . warranted by the facts, taking into account in a close case the fact that 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]). We discern no basis to disturb the Supreme Court’s determination that the appellant was not entitled to prior written notice because the appellant created the dangerous…