JCF ASSOCIATES LLC v. TAKE TWO OUTDOOR MEDIA LLC (2025)

DECISION & ORDER

In an action, inter alia, for ejectment, the plaintiff appeals from (1) a decision of the Supreme Court, Kings County (Joy F. Campanelli, J.), dated March 16, 2023, and (2) a judgment of the same court dated November 8, 2023.  The judgment, upon the decision, made after a nonjury trial, is in favor of the defendant and against the plaintiff dismissing the complaint.

ORDERED that the appeal from the decision is dismissed, 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;  and it is further,

ORDERED that one bill of costs is awarded to the defendant.

The plaintiff commenced this action, inter alia, for ejectment.  Following a nonjury trial, the Supreme Court entered judgment in favor of the defendant and against the plaintiff dismissing the complaint.  The plaintiff appeals.

“In reviewing a determination made after a nonjury trial, the power of this Court is as broad as that of the trial court, and this Court may render the judgment it finds ‘warranted by the facts,’ bearing in mind that in a close case, the trial judge had the advantage of seeing the witnesses” (McGowan v. State of New York, 79 A.D.3d 984, 986, 913 N.Y.S.2d 750, 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;  see Castaldi v. Syosset Cent. Sch. Dist., 203 A.D.3d 690, 692, 164 N.Y.S.3d 626).  Contrary to the plaintiff's contention, the evidence demonstrates that the assignments of the lease were effective, the defendant's renewal of the lease was effective, and the plaintiff failed to prove that the defendant materially breached the lease.  Accordingly, the Supreme Court properly dismissed the complaint after trial.

The plaintiff's remaining contentions are not properly before this Court.

CHAMBERS, J.P., WOOTEN, WAN and LOVE, JJ., concur.