Thursday, November 10, 2016

Appellate review of a nonjury trial.

Practice point:  In reviewing a determination rendered after a nonjury trial, the Appellate Division's power is as broad as that of the trial court, and the Appellate Division may render the judgment it finds warranted by the facts, taking into account that, in a close case, the trial court had the advantage of seeing the witnesses and hearing the testimony.

Case:  Bryant v. Broadcast Music, Inc., NY Slip Op 06996 (2d Dep't October 26 2016)

Here is the deision.

Monday's issue:  Summary judgment on account stated and quantum meruit claim.