Appeal from a judgment of the District Court of Suffolk County, First District (James P. Flanagan, J.), entered June 12, 2006. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

In this small claims action to recover damages in the sum of $5,000 for windows "sold and delivered," the determination of issues of credibility is 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]). 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 [1990]). 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 UDCA 1807; Williams v Roper, 269 AD2d 125 [2000]). In view of the foregoing, the judgment dismissing plaintiff's action should be affirmed as substantial justice was done between the parties according to the rules and principles of substantive law (see UDCA 1807).

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: June 29, 2007