Legal Opinion

Vasquez v. Gesher Realty Corp.

Appellate Terms of the Supreme Court of New York

Decided February 7, 2014PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Judgment and order, entered, respectively, December 17, 2012 and April 8, 2013, reversed, without costs, judgment vacated, and defendant’s motion granted to the extent of vacating the verdict on damages and directing a new trial on damages consistent with this decision.

Where a matter is tried without a jury, the authority of this court on appeal “is as broad as that of the trial court . . . *55and . . . as to a bench trial [we] may render the judgment [we] find[ ] warranted by the facts, taking into account in a close case ‘the fact that the trial judge had the advantage of…

3Cases cited8 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Ashland Management Inc. v. JanienNew York Court of Appeals · 1993
  3. Gross v. SweetNew York Court of Appeals · 1979
  4. Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
  5. Blinds To Go (U.S.), Inc. v. Times Plaza Development, L.P.Appellate Division of the Supreme Court of the State of New York · 2011

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4Cited by2 opinions

  1. IceMOS Technology Corporation v. Omron CorporationDistrict Court, D. Arizona · 2019
  2. Telef?nica S.A. v. Millicom Intl. Cellular S.A.Appellate Division of the Supreme Court of the State of New York · 2024

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