Practice point: In reviewing a determination made after a nonjury trial, the Appellate Division's authority is as broad as that of the trial court, and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial court had the advantage of seeing and hearing the witnesses. Where the trial court's findings of fact rest largely on considerations relating to the credibility of witnesses, the Appellate Division owes deference to the trial court's credibility determinations.
Student note: Pursuant to CPLR 4404(b), after a nonjury trial, a court may, on the
motion of a party or its own motion, set aside its decision and make new
findings of fact or conclusions of law.
Case: BNG Props., LLC v. Sanborn, NY Slip Op 06423 (2d Dep't September 13, 2017)
Here is the decision.
