Hi-Amp Electrical Contr. Corp. v. Maximum Mechanical Corp.

• Decision Date: 13 February 2007
• Docket Number: 2006-03616.,2005-08160.
• Citation: 2007 NY Slip Op 01256,829 N.Y.S.2d 679,37 A.D.3d 541
• Parties: HI-AMP ELECTRICAL CONTR. CORP., Respondent, v. MAXIMUM MECHANICAL CORP., Appellant.
• Court: New York Supreme Court — Appellate Division

37 A.D.3d 541

829 N.Y.S.2d 679

2007 NY Slip Op 01256

HI-AMP ELECTRICAL CONTR. CORP., Respondent, v.MAXIMUM MECHANICAL CORP., Appellant.

2005-08160.

2006-03616.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 13, 2007.

In an action to recover damages for breach of contract, the defendant appeals from (1) a decision of the Supreme Court, Queens County (Leviss, J.H.O.), dated May 23, 2005, and (2) a judgment of the same court entered July 6, 2005, which, after a nonjury trial and upon the decision, is in favor of the plaintiff and against it in the principal sum of $27,096.80.

Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (seeSchicchi v J.A. Green Constr. Corp.,100 AD2d 509[1984]); and it is further,

Ordered that the judgment is affirmed, without costs or disbursements.

Where, as here, the case was tried to the court, without a jury, "this Court's power to review the evidence is as broad as that of the trial court, `taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses'"(Letterese v State of New York,33 AD3d 593, 593[2006], quotingNorthern Westchester Professional Park Assoc. v Town of Bedford,60 NY2d 492, 499[1983]).

We discern no basis, on this record, to disturb the trial court's findings of fact or conclusions of law (seePoli v Lema,24 AD3d 981, 983[2005];see alsoHollow Rd. Farms, Inc. v Quo Vadis Intl., LLC,31 AD3d 1023, 1024-1025[2006]).The trial court properly credited the...