Appeal from a judgment of the District Court of Nassau County, Second District (Howard S. Miller, J.), entered October 14, 2005. The judgment, after a nonjury trial, dismissed plaintiff's claim and awarded defendant the principal sum of $5,000 on his counterclaim.

Judgment affirmed without costs.

Plaintiff Four Decades Contracting, Inc. commenced the instant commercial claims action against Gary Senese, seeking $4,985 as the balance due for work performed on defendant's home pursuant to a contract. Mr. Senese interposed a counterclaim to recover the sum of $5,000 for plaintiff's alleged defective services. After trial, the court dismissed plaintiff's claim and awarded defendant the principal sum of $5,000 on his counterclaim.

Issues of credibility are to be resolved by the trier of fact, who saw and heard the witnesses, and the determination will not be disturbed on appeal if supported by a fair interpretation of the evidence (see Jones v Hart, 233 AD2d 297 [1996]; Murov v Celentano, 3 Misc 3d 1 [App Term, 9th & 10th Jud Dists 2003]). Said standard applies with greater force to judgments rendered in the Commercial Claims Part of the court (Stewart Senter Inc. v Romain, 13 Misc 3d 144[A], 2006 NY Slip Op 52322[U] [App Term, 9th & 10th Jud Dists]). In the present case, the court had before it documentary and photographic evidence as well as testimony to make its determination. Based on the record, substantial justice was done between the parties in accordance with the rules and principles of substantive law (UDCA 1804-A, 1807-A [a]). We have considered plaintiff's remaining contentions and find that they are without merit.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur. [*2]
Decision Date: February 7, 2007