Law Offices of Anthony A. Capetola, respondent, v. Kristin A. Pelgrim, appellant. (2012)

Submitted—December 8, 2011

DECISION & ORDER

In an action to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Nassau County (Janowitz, J.), entered October 14, 2011, which, upon a decision entered February 25, 2011, made after a nonjury trial, is in favor of the plaintiff and against her in the total sum of $86,000.78.

ORDERED that on the Court's own motion, the defendant's notice of appeal from the decision is deemed a premature notice of appeal from the judgment (see CPLR 5520[c] );  and it is further,

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 N.Y.2d 492, 499 [internal quotation marks omitted] ).   Applying these principles, we discern no basis to disturb the Supreme Court's determination.

The defendant's remaining contentions are without merit.

DILLON, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER

Aprilanne Agostino

Clerk of the Court