[*1]
Stanco v John's Auto Repair
2006 NY Slip Op 50342(U) [11 Misc 3d 131(A)]
Decided on March 7, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 7, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., TANENBAUM and LIPPMAN, JJ
2005-1122 N C.

Domenico Stanco, Respondent,

against

John's Auto Repair, Appellant.


Appeal from a judgment of the City Court of Glen Cove, Nassau County (Richard J. McCord, J.), entered on November 16, 2004. The judgment, after a nonjury trial, awarded plaintiff the sum of $1,673.03.


Judgment affirmed without costs.

In this small claims action to recover for property damage to plaintiff's car, the court below provided 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 (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). This standard applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v Roper, 269 AD2d at 126).

Rudolph, P.J., Tanenbaum and Lippman, JJ., concur.
Decision Date: March 7, 2006