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JAMES NELSON, Appellant, v. PATRICIA MCKAY, Respondent.

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 witness'" ( 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; see Vizzari v Hernández, 1 AD3d 431, 431-432). We discern no reason to disturb the Supreme Court's determination, inter alia, imposing a constructive trust in favor of the plaintiff upon one half of the interest in the subject property currently deeded to the defendant ( see Simonds v Simonds, 45 NY2d 233, 241; Sharp v Kosmalski, 40 NY2d 119, 121; Ruiz v Meloney, 26 AD3d 485, 486; Nastasi v Nastasi, 26 AD3d 32, 38; Eickler v Pecora, 12 AD3d 635, 636; Williams v Lynch, 245 AD2d 715, 716-717).

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NELSON v. McKAY
(Jun 26, 2007)