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BETSY MEYER ASSOCIATES, INC., Respondent, v. HOWARD M. LORBER, Appellant, et al., Defendants.

Ordered that the judgment is affirmed, with costs.

Upon review of a determination rendered after a nonjury trial, 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, quoting York Mtge. Corp. v Clotar Constr. Corp.), 254 NY 128, 133-134). We discern no reason to disturb the Supreme Court's award of damages to the plaintiff in the principal sum of $35,348.

The parties' remaining contentions, including the appellant's contention regarding the plaintiff's oral motion for leave to enter a default judgment against him, are without merit.

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BETSY MEYER ASSOC. v. LORBER
(Jul 24, 2007)