2015 NY Slip Op 50089

Citation: 2015 NY Slip Op 50089
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.nycourts.gov/reporter/3dseries/2015/2015_50089.htm ↗

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commenced. According to the Petitioners, the Petitioners request that the Court set a date
for a hearing for the amount of attorney's fees and costs for the Petitioners.

For the reasons stated above, the Petitioners asserted entitlement to entry of a
judgment for all rent and additional rent as calculated in Petitioner's Exhibit "7" and a
hearing for the determination of attorney's fees, costs and expenses to be awarded to the
Petitioners.

findings of facts and conclusions of law

STANDARD OF JUDICIAL REVIEW OF ALL EVIDENCE

Our multi-tier judicial system safeguards our rights to due process of law. As a
multi-tier judicial system, great deference is given to the trial courts. It has been firmly
established that "[t]he credibility of the witnesses, the reconciliation of conflicting
statements, a determination of which evidence should be accepted and which should be
rejected, the truthfulness and accuracy of the testimony, whether contradictory or not, are
issues for the trier of fact.

The memory, motive, mental capacity, accuracy of observation and statement,
truthfulness and other tests of the reliability of witnesses can be passed upon with greater
safety by a trial judge who sees and hears the witness than by appellate judges who
simply read the "printed record" (Barnet v. Cannizzaro, 3 AD2d 745, 747, 160 N.Y.S.2d
329 [citation omitted]; see LeBron v. Brentwood Union Free School District, 212
AD2d 5112, 5113, 623 N.Y.S.2d 117; Segal v. MacDaniel Ford, 201 AD2d 717, 608
N.Y.S.2d 324). See also Healey v. Williams, 30 AD3d 466, 818 N.Y.S.2d 121
(App. Div., 2d Dept., 2006) in which the Appellate Division, Second Department held
that the trial court's finding that the marital stipulation, which included a prescription