Neustein v. Estate of Neustein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*685“In reviewing a determination made after a nonjury trial, the power of this Court is as broad as that of the trial court, and we may render a judgment we find warranted by the facts, bearing in mind that in a close case, the trial judge had the advantage of seeing the witnesses” (Marini v Lombardo, 79 AD3d 932, 933 [2010]; see Campbell v Campbell, 50 AD3d 614 [2008]).
Contrary to the contentions of Joshua Neustein, a defendant in Matter No. 2 (hereinafter Joshua), the Surrogate properly awarded damages to the plaintiff in that matter (hereinafter the plaintiff) for the value of the rent of the…
2Cases cited23 opinions
- In re the Estate of RothkoNew York Court of Appeals · 1977
- Baker v. . DrakeNew York Court of Appeals · 1873
- Marini v. LombardoAppellate Division of the Supreme Court of the State of New York · 2010
- Lyke v. AndersonAppellate Division of the Supreme Court of the State of New York · 1989
- Golonka v. Plaza at Latham, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2000
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