HI AMP ELECTRICAL CONTR CORP v. MAXIMUM MECHANICAL CORP (2007)

In an action to recover damages for breach of contract, the defendant appeals from (1) a decision of the Supreme Court, Queens County (Leviss, J.H.O.), dated May 23, 2005, and (2) a judgment of the same court entered July 6, 2005, which, after a nonjury trial and upon the decision, is in favor of the plaintiff and against it in the principal sum of $27,096.80.

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 472 N.Y.S.2d 718);  and it is further,

ORDERED that the judgment is affirmed, without costs or disbursements.

 Where, as here, the case was tried to the court, 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' ” (Letterese v. State of New York, 33 A.D.3d 593, 593, 821 N.Y.S.2d 468, quoting Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499, 470 N.Y.S.2d 350, 458 N.E.2d 809).

 We discern no basis, on this record, to disturb the trial court's findings of fact or conclusions of law (see Poli v. Lema, 24 A.D.3d 981, 983, 806 N.Y.S.2d 735;  see also Hollow Rd. Farms, Inc. v. Quo Vadis Int'l, LLC, 31 A.D.3d 1023, 1024-1025, 819 N.Y.S.2d 338).   The trial court properly credited the testimony of the plaintiff's witness in determining that the plaintiff was entitled to recover payment for certain extra work not contemplated in its original agreement with the defendant, and which the plaintiff performed pursuant to verbal instructions received from an officer of the defendant (see Howdy Jones Constr. Co. v. Parklaw Realty, 76 A.D.2d 1018, 1018-1019, 429 N.Y.S.2d 768, affd. 53 N.Y.2d 718, 439 N.Y.S.2d 354, 421 N.E.2d 846).