Appeal from a judgment of the City Court of Yonkers, Westchester County (Arthur J. Doran, III, J.), entered November 15, 2005. The judgment, after a nonjury trial, awarded plaintiff the sum of $3,279.79 and dismissed defendant's counterclaim.

Judgment affirmed without costs.

In this commercial claims action, plaintiff sought to recover monies owed for electrical work performed on behalf of defendant. Defendant counterclaimed to recover for damages allegedly sustained due to plaintiff's failure to complete the work. After a nonjury trial, the lower court awarded plaintiff the sum of $3,279.79 and dismissed defendant's counterclaim.

The resolution of the issues of credibility involved herein was 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 (see 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 or the Commercial Claims Part of the court given the limited standard of review (see UCCA 1807-A; Williams v Roper, 269 AD2d 125 [2000]). A review of the record on appeal indicates there is sufficient support in the record for the lower court's determination. Since substantial justice has been done between the parties according to [*2]the rules and principles of substantive law, the judgment of the lower court is affirmed.

Rudolph, P.J., LaCava and Emerson, JJ., concur.
Decision Date: June 18, 2007