Appeal from a judgment of the Civil Court of the City of New York, Kings County (Ann E. O'Shea, J.), entered December 1, 2004. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,500 and dismissed defendant's counterclaim.

Judgment affirmed without costs.

"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 [small claims] judgments" (Gardner v Pharmacon Intl. Corp., 2001 NY Slip Op 40309[U] [App Term, 1st Dept]; see also Williams v Roper, 269 AD2d 125, 126 [2000]; Kogan v Fenster, 191 Misc 2d 525, 526 [App Term, 2d & 11th Jud Dists 2002]). We are of the opinion that, in this small claims action, the lower court's resolution of the issues presented in favor of plaintiff was supported by the record. Under the circumstances, substantial justice was done between the parties according to the rules and principles of substantive law and the judgment appealed from should be affirmed (CCA 1804, 1807).

Pesce, P.J., Weston Patterson and Rios, JJ., concur.
Decision Date: April 6, 2006