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PALMER v. WSC RIVERSIDE DRIVE, LLC

61 A.D.3d 589 (2009)

___ N.Y.S.2d ___

ROBERT PALMER, Respondent, v. WSC RIVERSIDE DRIVE, LLC, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 28, 2009.

The scope of our review of a nonjury trial is as broad as that of the trial judge (Northern Westchester Professional Park Assoc. v Town of Bedford, 60 N.Y.2d 492, 499 [1983]), and permits us to substitute our own judgment where the evidence fails to support an important element of the trial court's findings (Jossel v Filicori, 235 A.D.2d 205, 206 [1997]). The trial court limited its declaration...

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