In reviewing a trial court's findings of fact following a non-jury trial, the Appellate Division's authority is as broad as that of the trial court and includes the power to render the judgment it finds warranted by the facts, taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses.
Arden Besunder, P.C. v. Harwood, NY Slip Op 05211 (2d Dep't October 1, 2025)
