Legal Opinion

A. Montilli Plumbing & Heating Corp. v. Valentino

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 2011PublishedCited by 14 opinions

1Opinion of the Court

“In reviewing a trial court’s findings of fact following a nonjury trial, this Court’s authority is as broad as that of the trial court and includes the power to render the judgment it finds warranted by the facts, bearing in mind that due regard must be given to the decision of a trial judge who was in the position to assess the evidence and the credibility of witnesses” (D’Argenio v Ashland Bldg., LLC, 78 AD3d 758, 758 [2010]; see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Golding v Gottesman, 41 AD3d 430, 430 [2007]).

Here, the Supreme Court…

2Cases cited12 opinions

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  2. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  3. Zuccarini v. Ziff-Davis Media, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Lum v. New Century Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  5. Tuck Industries, Inc. v. Reichhold Chemicals, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Episcopal Health Services, Inc. v. POM Recoveries, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  2. Bank of New York v. SpadaforaAppellate Division of the Supreme Court of the State of New York · 2012
  3. Marjam Supply Co. v. All Craft Fabricators, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Cach, LLC v. AspirAppellate Division of the Supreme Court of the State of New York · 2016
  5. Krigsfeld v. FeldmanAppellate Division of the Supreme Court of the State of New York · 2014

9 more not listed; retrieve them via the Exa API.

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