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MJAC REALTY CORP., Appellant, v. ROBERT BOCCIO et al., Respondents, et al., Defendant.

Ordered that the judgment is affirmed, with costs.

Where, as here, a case is tried without a jury, this Court's authority 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 the fact that the trial judge had the advantage of seeing the witnesses" ( Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [internal quotation marks omitted]). The Supreme Court's implicit finding that the defendants Robert Boccio and Beacon Security Systems, Inc., did not breach the commercial lease at issue was warranted by the facts ( see Health `N Sports v 1020 WW Food Corp., 191 AD2d 534, 534-535; cf. Tarantola v La Squisita Foods, Inc., 40 AD3d 1071; A-Tech Concrete Co., Inc. v Tilcon N.Y., Inc., 60 AD3d 603, 604). Accordingly, the complaint was properly dismissed insofar as asserted against those defendants.

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MJAC REALTY CORP. v. BOCCIO
(Nov 17, 2009)