In reviewing a determination made after a nonjury trial, the Appellate Division has power as broad as the trial court's, and it may render the judgment it finds warranted by the facts, taking into account that, in a close case, the trial judge had the advantage of seeing the witnesses.
Bar v. Mandler, NY Slip Op 01592 (2d Dep't March 11, 2020)
Here is the decision.
