S.P.Q.R. Co. v. United Rockland Holding Co.

On an appeal from a judgment after a nonjury trial, this Court’s power to review the evidence is as broad as that of the trial court, and this Court may render the judgment it finds warranted by the facts, giving due regard to the trial court, which had the advantage of assessing the credibility of the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Parry v Murphy, 79 AD3d 713 [2010]; Sabetfard v Djavaheri Realty Corp., 40 AD3d 838 [2007]). Here, the Supreme Court’s determination to credit the testimony of the defendants’ expert…