Beaman v. Awaye Realty Mgmt., LLC

• Decision Date: 23 October 2019
• Docket Number: 2017–00610,2017–04091,Index No. 500342/12
• Parties: Marc R. BEAMAN, et al., Appellants, v. AWAYE REALTY MANAGEMENT, LLC, Respondent.
• Court: New York Supreme Court — Appellate Division

176 A.D.3d 1025
108 N.Y.S.3d 881 (Mem)

Marc R. BEAMAN, et al., Appellants,
v.
AWAYE REALTY MANAGEMENT, LLC, Respondent.

2017–00610
2017–04091
Index No. 500342/12

Supreme Court, Appellate Division, Second Department, New York.

Argued—June 3, 2019
October 23, 2019

Ginsburg & Misk, LLP, Queens Village, N.Y. (Gerard N. Misk of counsel), for appellants.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn, N.Y. (Anthony J. Genovesi of counsel), for respondent and nonparty Arlene T. Waye.

ALAN D. SCHEINKMAN, P.J., SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, BETSY BARROS, JJ.

DECISION & ORDER

176 A.D.3d 1025

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.

After a nonjury trial, the defendant was awarded the principal sum of $91,440 on its counterclaim against the plaintiffs to recover damages for unjust enrichment, which was based on the cost of renovations the defendant made to certain real property owned by the plaintiffs in contemplation of an agreement, which never materialized, for the defendant to purchase the property. The plaintiffs appeal from a judgment in favor of the defendant and against them in the principal sum of $91,440.

The power of this Court in reviewing a determination rendered after a nonjury trial is as broad as that of the trial court, and this Court may render the judgment it finds warranted by the facts, taking into

108 N.Y.S.3d 882

consideration that in a close case the trial court had the advantage of seeing the witnesses and hearing the testimony (see 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 ; Fire Is. Real Estate, Inc. v. Coldwell...