In reviewing a determination made after a nonjury trial, the Appellate Division's power is as broad as that of the trial court. As a result, the Appellate Division 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.
21st Mtge. Corp. v. Nodumehlezi, NY Slip Op 07212 (2d Dep't December 21, 2022)
