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DILAPI v. EMPIRE DRILLING & BLASTING, INC.

62 A.D.3d 936 (2009)

880 N.Y.S.2d 115

JOHN DILAPI et al., Respondents, v. EMPIRE DRILLING & BLASTING, INC., Appellant. (Action No. 1.) RUDOLPH RIENZO et al., Respondents, v. EMPIRE DRILLING & BLASTING, INC., Appellant. (Action No. 2.)

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

Decided May 26, 2009.

Ordered that the judgments are affirmed, with one bill of costs.

"In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court, and this Court may render the judgment it finds warranted by the facts, taking into account in a close case that the trial judge had the advantage of seeing the witnesses" (Pro-Health Care Assoc., LLP v Shapiro, 46 A.D.3d 792...

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