[*1]
Blume v Yonkers Ave. Dodge
2006 NY Slip Op 50145(U) [10 Misc 3d 145(A)]
Decided on February 3, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ
2005-813 W C.

Benny Blume, Appellant,

against

Yonkers Avenue Dodge, Respondent.


Appeal from a judgment of the City Court of Yonkers, Westchester County (Arthur J. Doran III, J.), entered February 7, 2005. The judgment, after a nonjury trial, dismissed the action.


Judgment affirmed without costs.

In this small claims action wherein plaintiff sought to recover for allegedly being overcharged when he purchased an automobile from the defendant, we find that the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UCCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). Furthermore, in a bench trial, the decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). This standard applies with greater force to judgments rendered in Small Claims Court (see Williams v Roper, 269 AD2d at 126).

Rudolph, P.J., Angiolillo and McCabe, JJ., concur. [*2]
Decision Date: February 03, 2006