[*1]
Lowe v Village Auto Clinic
2005 NYSlipOp 50781(U)
Decided on May 23, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 23, 2005
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: May 23, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT :RUDOLPH, P.J., McCABE and TANENBAUM, JJ.
2004-1285 N C

WAYNE A. LOWE, Respondent,

against

VILLAGE AUTO CLINIC, Appellant.


Appeal by defendant from a small claims judgment of the District Court, Nassau County (S. Jaeger, J.), entered February 20, 2004, awarding plaintiff the principal sum of $1,960.


Judgment unanimously reversed without costs and a new trial ordered limited to the issue of damages.

The crux of this case involves the credibility of the witnesses. Appellate courts are generally deferential to a lower court's determination of credibility since the evaluation of witnesses and the quality of proof can best be made by the court which had direct access to the parties and had the benefit of seeing and hearing the witnesses (see Jones v Hart, 233 AD2d 297 [1996]; Standard Bldrs. Supplies v Gush, 206 AD2d 720 [1993]). Upon a review of the record, we find that the determination of the court below, regarding liability, clearly could have been reached under a fair interpretation of the evidence (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]). However, from the record, we are unable to determine how the court arrived at its award of the principal sum of $1,960. In any event, we note that plaintiff presented one estimate and no paid bills for the cost of a remanufactured engine. Accordingly, the matter is remanded to the court below for a new trial limited to the issue of damages. [*2]
Decision Date: May 23, 2005