Yonkers Contracting Company, Inc. v. Romano Enterprises of New York, Inc.
Decision Date | 01 May 2007 |
Docket Number | 2005-10658. |
Citation | 2007 NY Slip Op 03911,835 N.Y.S.2d 363,40 A.D.3d 629 |
Parties | YONKERS CONTRACTING COMPANY, INC., Respondent, v. ROMANO ENTERPRISES OF NEW YORK, INC., Appellant, et al., Defendants, and SEABOARD SURETY COMPANY et al., Respondents. (And Another Title.) |
Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed, with costs.
In reviewing a determination made after a nonjury trial, the power of the Appellate Division is as broad as that of the trial court and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]).
The Supreme Court properly determined that the defendant counterclaim plaintiff Romano Enterprises of New York, Inc. (hereinafter Romano), breached the parties' contract and that the plaintiff counterclaim defendant Yonkers Contracting Company, Inc. (hereinafter Yonkers), did not breach the subject contract. "It is well-settled that when interpreting a contract, the court should arrive at a construction which will give fair meaning to all of the language employed by the parties,...
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