Velasco v. 34-06 73rd St., LLC , 994 N.Y.S.2d 864 ( 2014 )


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  • Velasco v 34-06 73rd St., LLC (2014 NY Slip Op 07651)
    Velasco v 34-06 73rd St., LLC
    2014 NY Slip Op 07651
    Decided on November 12, 2014
    Appellate Division, Second Department
    Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
    This opinion is uncorrected and subject to revision before publication in the Official Reports.


    Decided on November 12, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
    RANDALL T. ENG, P.J.
    MARK C. DILLON
    COLLEEN D. DUFFY
    BETSY BARROS, JJ.

    2013-05922
    (Index No. 27818/07)

    [*1]Luis A. Velasco, et al., appellants,

    v

    34-06 73rd Street, LLC, respondent, et al., defendant.




    Steven Zalewski & Associates, P.C., Kew Gardens, N.Y. (Dustin Bowman of counsel), for appellants.

    Horing, Welikson & Rosen, P.C., Williston Park, N.Y. (Richard T. Walsh of counsel), for respondent.



    DECISION & ORDER

    In an action, inter alia, for the return of a down payment given pursuant to a contract for the sale of real property, the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Risi, J.H.O.), dated April 3, 2013, which, upon a decision of the same court dated November 10, 2010, made after a nonjury trial, is in favor of the defendant 34-06 73rd Street, LLC, and against them, and directs the escrow agent to remit the down payment to the defendant 34-06 73rd Street, LLC.

    ORDERED that the judgment is affirmed, with costs.

    "In reviewing a decision made after a nonjury trial, the power of this Court is as broad as that of the trial court, and we may render a judgment we find warranted by the facts, bearing in mind that in a close case, the trial judge had the advantage of seeing the witnesses" (DeAngelis v DeAngelis, 104 AD3d 901, 902 [internal quotation marks and citation omitted]; see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499). Here, we find that the judgment of the Supreme Court was warranted by the facts presented at trial.

    ENG, P.J., DILLON, DUFFY and BARROS, JJ., concur.

    ENTER:

    Aprilanne Agostino

    Clerk of the Court



Document Info

Docket Number: 2013-05922

Citation Numbers: 122 A.D.3d 724, 994 N.Y.S.2d 864

Filed Date: 11/12/2014

Precedential Status: Precedential

Modified Date: 1/12/2023