In reviewing a determination made after a non-jury trial, the Appellate Division's power is as broad as that of the trial court. The Appellate Division 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.
90 Chicken Corp. v. 90 Jericho Realty Corp., NY Slip Op 05258 (2d Dep't September 16, 2026)
