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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Newkirk v. Scala, 90 A.D.3d 1257 (2011)

Citation
Newkirk v. Scala, 90 A.D.3d 1257 (2011)
Parent Document
Newkirk v. Scala, 90 A.D.3d 1257 (2011)
Jurisdiction
New York (state)
Effective Date
2011-12-15

Full Text

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Supreme Court rendered its decision following a bench trial and, thus, “we independently review the weight of the evidence and may grant the judgment warranted by the record, while according due deference to the trial judge’s factual findings particularly where, as here, they rest largely upon credibility assessments” (Martin v Fitzpatrick, 19 AD3d 954, 957 [2005]; see Ash v Bollman, 80 AD3d 1115, 1117 [2011]). Here, we perceive no reason to disturb Supreme Court’s findings and accordingly affirm.