137 Realty Associates v. Samuel

OPINION OF THE COURT

Final judgment entered June 6, 2002 reversed, without costs, and final judgment of possession granted in favor of tenant dismissing the petition.

The authority of an intermediate appellate court to review a record is as broad as that of the trial court (Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]), particularly where, as here, the trial court’s (bench) decision contains no express credibility findings. Based upon our review of the sparse trial record, we conclude that petitioner landlord failed to establish by prevailing evidence…