Chambers v. McIntyre
Opinion of the Court
In an action to rescind a separation agreement, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Henry, J.), entered December 19, 2002, which, upon a decision of the same court dated May 9, 2002, made after a nonjury trial, is in favor of the defendant and against her, dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
While an appellate court’s authority in reviewing a determination after a nonjury trial is as broad as that of the trial court, due deference is given to the trial court’s determination (see Mechwart v Mechwart, 292 AD2d 354 [2002]; DiBruno v Abrams, 208 AD2d 672, 674 [1994]). Such a determination should not be disturbed on appeal unless it is unsupported by legally sufficient evidence or could not have been reached by any fair interpretation of the evidence (see A & S Trucking Serv. v New York State Thruway Auth., 268 AD2d 493 [2000]; Greenberg v Behlen, 220 AD2d 720 [1995]).
The plaintiff’s remaining contentions are without merit. Smith, J.P., Goldstein, H. Miller and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.