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GOV'T EMP. v. STEINMETZ

Appellate Division of the Supreme Court of New York, Second Department.
May 27, 2008
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Ordered that the order is affirmed, with costs.

"Where, as here, a case is tried without a jury, this Court's power to review the evidence is as broad as that of the trial court, `taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses'" ( Terry v State of New York, 39 AD3d 846, quoting Northern Westchester Professional Park Assoc, v Town of Bedford, 60 NY2d 492, 499). We decline to disturb the Supreme Court's finding that there was no physical contact between the appellant's vehicle and an alleged hit-and-run vehicle ( see Matter of Progressive Northeastern Ins. Co. v Sheikh, 40 AD3d 763, 764; Matter of Metropolitan Prop. Cos. Co. v Sands, 5 AD3d 601, 602).