2015 NY Slip Op 50089

Citation: 2015 NY Slip Op 50089
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.nycourts.gov/reporter/3dseries/2015/2015_50089.htm ↗

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against oral modification, was nonetheless orally modified and was supported by the
evidence in the record. The trial court properly credited the testimony of the father in that
proceeding upholding the above rule. In reviewing a determination made after a non-jury
trial, "the power of the Appellate Division is as broad as that of the Trial Court and it
may render the judgment as it finds warranted by the facts, taking into account that in a
closed case the trial judge' had the advantage of seeing the witness' " (Northern
Westchester Professional Park Assocs. v. Town of Bedford, 60 NY2d 492, 499, 470
N.Y.S.2d 350, 458 N.E.2d 809 [citation omitted], quoting York Mortgage Corp.
v. Clotr Constr. Co., 254 NY 128, 133-134, 172 N.E. 265).

See also Lelekakis v. Kamamis, 41 AD3d 662, 839 N.Y.S.2d 773 (App. Div.,
2d Dept., 2007) where the Appellate Division found that contrary to the Defendant's
contentions, the Supreme Court finding that the signature of the Defendant, Stanley
Kamamis, on the Option Agreement was not forged, was not against the weight of the
evidence. "As this case was tried by the court, without a jury, this court's power to review
the evidence is as broad as that of the trial court, with appropriate regard given to the
discretion of the trial judge who was in the position to assess the credibility of the
witnesses." (779 East NY Avenue Assoc., LLC v. Gurary, 31 AD3d 627, 628, 819
N.Y.S.2d 921; see Northern Westchester Professional Park Assocs. v. Town of
Bedford, supra). In that case, the Court specifically found that the Trial Court was
not required to credit the testimony of the Plaintiff's handwriting expert and apparently
did not. "This case, in which there is no concrete evidence except the Option Agreement,