[*1]
Payman v Super 8 Motels, Inc.
2007 NY Slip Op 50731(U) [15 Misc 3d 134(A)]
Decided on April 6, 2007
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 6, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., LIPPMAN and MOLIA, JJ
2006-1044 OR C.

Bahman Payman and Sorour Payman, Appellants,

against

Super 8 Motels, Inc., Respondent.


Appeal on the ground of inadequacy from a judgment of the Justice Court of the Town of Newburgh, Orange County (Richard Clarino, J.), entered on November 28, 2005. The judgment, after a nonjury trial, awarded plaintiffs the principal sum of $69.


Judgment affirmed without costs.

In this small claims action to recover damages caused by defendant motel providing plaintiffs with a substandard room, we find that the judgment in favor of plaintiffs in the sum of $69 rendered substantial justice according to the rules and principles of substantive law (UJCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). The decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). This standard applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v Roper, 269 AD2d at 126).

Based on a review of the complete record, the court below provided the parties with substantial justice.

Rudolph, P.J., Lippman and Molia, JJ., concur. [*2]
Decision Date: April 6, 2007