[*1]
Washington v McNaughton
2006 NY Slip Op 52183(U) [13 Misc 3d 137(A)]
Decided on November 21, 2006
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 21, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, JJ
570392/06.

Ronnie Washington, Plaintiff-Respondent,

against

Rupert McNaughton, d/b/a, Western Foreign Car Specialist, Inc., Defendant-Appellant.


Defendant appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Ben R. Barbato, J.) entered on or about January 23, 2006, after trial, in favor of plaintiff and awarding him damages in the principal amount of $2,000.


PER CURIAM:

Judgment (Ben R. Barbato, J.), entered on or about January 23, 2006, affirmed, without costs.
The court accomplished substantial justice consistent with substantive law principles (CCA 1804, 1807) in awarding judgment to plaintiff upon the trial of this small claims action. Plaintiff presented credible evidence, including the testimony of an automotive expert, that defendant failed to properly repair his (plaintiff's) vehicle. 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 judgments rendered in the Small Claims Part (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]).

This constitutes the decision and order of the court.
Decision Date: November 21, 2006