[*1]
Degroat v Rahim
2004 NY Slip Op 50418(U)
Decided on May 5, 2004
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 5, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. WILLIAM J. DAVIS, Justices.
570907/03

DOROTHY DEGROAT, Plaintiff-Respondent,

against

ABDUL RAHIM, Defendant-Appellant.


Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about May 19, 2003 after a nonjury trial (Delores J. Thomas, J.) in favor of plaintiff and awarding her damages in the principal sum of $896.


PER CURIAM:

Judgment entered on or about May 19, 2003 (Delores J. Thomas, J.) affirmed, without costs.

The trial record and the ends of "substantial justice" (CCA 1807) support plaintiff's recovery of the documented replacement cost of the hardware shown to have been missing from the laptop computer sold to her by defendant. Particularly in small claims cases, the decision of the fact-finding court is entitled to deference where it rests in large measure on considerations relating to the credibility of witnesses (see, Williams v Roper, 269 AD2d 125, 126, lv dismissed 95 NY2d 898 [2002]).

This constitutes the decision and order of the court.