Practice point: On an appeal from a judgment entered after a nonjury trial, the Appellate Division may render the judgment it finds is warranted by the facts.
Students should note that, in a close case, the Court will take into account the fact that the trial judge had the advantage of seeing the witnesses.
Case: Bryant v. State of New York, NY Slip Op 07710 (2d Dept. 2010)
Here is the decision.
Tomorrow's issue: Torts.
