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SPLIT ROCK DEVELOPERS, LLC v. ZARTAB, INC.

2014-00362, Index No. 1886/11.

135 A.D.3d 845 (2016)

24 N.Y.S.3d 158

2016 NY Slip Op 00353

SPLIT ROCK DEVELOPERS, LLC, Respondent, v. ZARTAB, INC., et al., Appellants, et al., Defendant.

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

Decided January 20, 2016.

Ordered that the judgment is affirmed, with 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,' bearing in mind that in a close case, the trial judge had the advantage of seeing the witnesses" (Fernandez v State of New York, 130 A.D.3d 566, 566 [2015], quoting ...

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