Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about July 10, 2003 after trial (Debra R. Samuels, J.) in favor of plaintiff and awarding it damages in the principal sum of $2,905.

PER CURIAM:

Judgment, entered on or about July 10, 2003 (Debra R. Samuels, J.) affirmed, without costs.

The trial court applied the appropriate rules of substantive law and accomplished substantial justice (see CCA 1804, 1807) in awarding judgment to plaintiff upon the trial of this small claims action. The record shows that plaintiff, an importer, rejected goods delivered by defendant, and directed that they be returned to the overseas supplier. In a written communication, plaintiff agreed to pay any customs duty, based on the understanding that defendant would send it an undertaking that there would be no net customs liability for goods being returned. Defendant never sent the written undertaking, and the United States Customs Service ultimately demanded the delinquent payment from plaintiff for the imported goods, plus a late penalty, which plaintiff paid.

At trial, rather than disputing defendant's liability by arguing that this should have been a matter between plaintiff and its import broker, defendant's representative argued only that he had not previously seen a copy of plaintiff's letter requesting an undertaking. The court concluded that plaintiff, in making the payment to the Customs Service, justifiably relied on defendant's earlier assurance of such an undertaking. Findings of fact which rest in large measure on the credibility of witnesses should not be disturbed on appeal, particularly given the limited standard of review applicable to judgments rendered in the Small Claims Part (Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]).

This constitutes the decision and order of the Court.
Decision Date: October 07, 2005