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Smith v Green
2006 NY Slip Op 50151(U) [10 Misc 3d 146(A)]
Decided on February 6, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 6, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2005-722 K C.

Karen V. Smith, Respondent,

against

Daisy E. Green, Appellant.


Appeal from a judgment of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), dated February 9, 2004. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,899.


Judgment affirmed without costs.
Landlord commenced this small claims action to recover seven months of unpaid rent. Following a trial, the court awarded plaintiff the principal sum of $2,899. A review of the record indicates that substantial justice was done between the parties in accordance with the rules and principles of substantive law (CCA 1807). The deference which an appellate court normally accords to a trial court's credibility determinations "applies with greater force to judgments rendered in the Small Claims Part" (Williams v Roper, 269 AD2d 125, 126 [2000]). Moreover, a small claims judgment may not be reversed absent a showing that there is no support in the record for the court's conclusions, or that the court's determination is otherwise so clearly erroneous as to deny substantial justice (see Forte v Bielecki 118 AD2d 620 [1986]; see also Blair v Five Points Shopping Plaza, 51 AD2d 167 [1976]). Accordingly, the judgment appealed from should be affirmed.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: February 06, 2006