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Gershfeld v. Mozer Architect Design, P.C.

Citations: 120 A.D.3d 548; 990 N.Y.S.2d 830Docket: 2012-10143

Court: Appellate Division of the Supreme Court of the State of New York; August 13, 2014; New York; State Appellate Court

Original Court Document: View Document

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In the case of Gershfeld v. Mozer Architect Design, P.C., the Appellate Division of the Supreme Court of New York, Second Department, upheld a judgment from Kings County that favored the plaintiff, Arthur Gershfeld, and awarded him $24,000 for breach of contract by the defendants, Mozer Architect Design, P.C. and others. The judgment arose from a nonjury trial presided over by a court attorney referee. The appellate court affirmed the lower court's decision, emphasizing that their review was as broad as that of the trial court and that the trial judge's firsthand observation of the witnesses should be considered. The findings that the defendants breached the contract were supported by the facts presented. The order was confirmed with costs awarded to the respondent.