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Jurisdiction: Court of Appeals for the Second Circuit
Decision Date: 1/15/2015

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Minuto v. E. End Auto Repair Minuto v. E. End Auto Repair, 9 N.Y.S.3d 594 (2nd Cir., 2015)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        9 N.Y. S. 3d 594(Table)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Vincent F. MINUTO, Appellant
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        EAST END AUTO REPAIR, Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        No. 2013–1920 S C.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Supreme Court, Appellate Term, Second Dept 2, 11 & 13 Judicial Dist.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Jan. 15, 2015.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        9 N.Y. S. 3d 594(Table)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Vincent F. MINUTO, Appellant v. EAST END AUTO REPAIR, Respondent.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        No. 2013–1920 S C.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Supreme Court, Appellate Term, Second Dept 2, 11 & 13 Judicial Dist.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Jan. 15, 2015.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Opinion

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Appeal from a judgment of the Justice Court of the Town of East Hampton, Suffolk County (Catherine A. Cahill, J. ), entered April 9, 2013. The judgment, after a nonjury trial, dismissed the complaint.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDERED that the judgment is affirmed, without costs.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Plaintiff commenced this action to recover the sum of $1, 225. 25, alleging that defendant had performed unauthorized work on plaintiff's vehicle. After a nonjury trial, the Justice Court dismissed the complaint.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        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 the trial judge had the advantage of seeing the witnesses and hearing their testimony (see Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492 499 1983 ; Hamilton v. Blackwood, 85 A.D.3d 1116 2011 ; Zeltser v. Sacerdote, 52 A.D.3d 824, 826 2008 ). Upon a review of the record, we find no basis to disturb the judgment of the Justice Court.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Accordingly, the judgment is affirmed.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MARANO, J. P TOLBERT and GARGUILO, JJ concur.

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