Appeal from a judgment of the District Court of Suffolk County, Third District (C. Steven Hackeling, J.), entered October 19, 2005. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $10,911 and dismissed defendant's counterclaim.

Judgment affirmed without costs.

In this action to recover the balance allegedly due for plaintiff's work as a subcontractor in a construction project, a review of the record establishes that the court below properly found that the parties entered into a binding contract for specified work to be performed by plaintiff for the sum of $60,911 and that plaintiff successfully completed the work. Defendant only paid plaintiff the sum of $50,000. The court's determination as to issues of credibility is given substantial deference as it had the
opportunity to observe and evaluate the testimony and demeanor of the witnesses (see Vizzari v State of New York, 184 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). The record amply supports the trial court's conclusions and, accordingly, we find no reason to disturb the judgment which awarded plaintiff the principal sum of $10,911 and dismissed defendant's counterclaim.

Rudolph, P.J., McCabe and Molia, JJ., concur.
Decision Date: September 27, 2007