Plaintiff appeals from a judgment of the Small Claims

Part of the Civil Court, Bronx County (Maryann Brigantti-
Hughes, J.), entered on or about February 24, 2004, after trial,
in favor of defendant dismissing the action. Defendant cross-
appeals from so much of the aforesaid judgment as dismissed its
counterclaim.
PER CURIAM:

Judgment entered on or about February 24, 2004 (Maryann
Brigantti-Hughes, J.), affirmed, without costs.

Plaintiff commenced this small claims action based upon
defendant's failure to pay for work performed on three automobile [*2]
transmissions immediately prior to plaintiff's sale of its
automotive repair business. Defendant presented credible evidence, including the testimony of one of plaintiff's former employees and of a principal of the new automobile
repair company, that plaintiff failed to properly repair defendant's transmissions. The record and the ends of "substantial justice" (CCA 1807) support the post-trial dismissal of plaintiff's action. Particularly in the context of 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 [2000], lv dismissed 95 NY2d 898 [2000]).

Defendant's cross appeal, not having been briefed, is deemed abandoned.

This constitutes the decision and order of the court.
Decision Date: December 01, 2005