Appeal by defendant from a small claims judgment of the Justice Court, Town of Cornwall, Orange County (J. Thomson, J.), entered on September 19, 2002, awarding plaintiff the principal sum of $1,346.86.

Judgment unanimously affirmed without costs.

In this small claims action to recover the balance owed for repairs made to a private road, we find that substantial justice was done between the parties in accordance with the rules and principles of substantive law (UJCA 1807). The issue presented was whether the total cost for repairs was to be apportioned among seven, rather than three, landowners. The credibility of the witnesses was properly weighed by the trier of facts (see Ross v Friedman, 269 AD2d 584 [2000]). We note that defendant failed to submit documentary evidence in support of his position.

We have reviewed defendant's remaining contentions and find them to be without merit.
Decision Date: December 30, 2003