Appeal from a judgment of the Civil Court of the City of New York, Kings County (Donald S. Kurtz, J.), entered June 16, 2005. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

Plaintiff instituted this small claims action to recover the money paid to defendant for the purchase of a used motor vehicle. Plaintiff alleged that both the engine and the transmission were in need of repairs following the purchase and that defendant agreed to take back the vehicle and return plaintiff's money once the vehicle was resold. Plaintiff further alleged, without submitting any supporting documentary evidence, that defendant subsequently sold the vehicle to another. Defendant's witness denied both taking the vehicle back and subsequently selling it to another customer. After trial, the court found in favor of defendant and dismissed the action.

The determination of issues of credibility are for the trier of fact as it had the opportunity to observe and evaluate the testimony and demeanor of the witnesses (see McGuirk v Mugs Pub, 250 AD2d 824 [1998]; Richard's Home Ctr. & Lbr. v Kraft, 199 AD2d 254 [1993]; Claridge Gardens v Menotti, 160 AD2d 544 [1990]) and its decision should not be disturbed on appeal unless it is obvious that it could not have been reached under any fair interpretation of the evidence (Claridge Gardens v Menotti, 160 AD2d 544, supra). The deference accorded to a trial court's credibility determinations applies with even greater force to judgments rendered in the Small Claims Part of the court given the limited standard of review (see CCA 1807; Williams v Roper, 269 AD2d 125 [2000]). In view of the foregoing, we find that substantial justice was done between the parties in accordance with the rules and principles of substantive law (CCA [*2]1807).

In reaching this result, we note that plaintiff attached to his brief documents that are outside the record and cannot be considered on this appeal. Plaintiff, if he be so advised, may move in the court below to set aside the judgment (see CPLR 5015).

Pesce, P.J., Weston Patterson and Rios, JJ., concur.
Decision Date: April 6, 2007