Appeal from a judgment of the Civil Court of the City of New York, Queens County (Howard G. Lane, J.), entered June 14, 2005. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

In this small claims action, plaintiff sought $525 in property damage, alleging that children who were on the property of defendant, his neighbor, climbed over his fence, which separated the two properties, and bent it. At trial, plaintiff presented no eyewitness testimony, and the photographs he submitted into evidence did not support his allegations, in that none showed who caused the damage. Accordingly, as plaintiff failed to introduce any competent evidence which definitively linked defendant to the damaged fence (see e.g. Kress v A & T Towing & Auto, Inc., 1 Misc 3d 135[A], 2003 NY Slip Op 51653[U] [App Term, 9th & 10th Jud Dists]), the court below properly found that plaintiff failed to establish his prima facie case and granted judgment to defendant dismissing the action.

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. This standard applies with greater force to judgments rendered in the Small Claims Part of the court (William v Roper, 269 AD2d 125 [2000]). Under the circumstances presented, substantial justice was done between the parties according to the rules and principles of substantive law (CCA 1804, 1807). [*2]

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: March 26, 2007