Appeal from a judgment of the Justice Court of the Village of Dobbs Ferry, Westchester County (Robert I. Harwood, J.), dated December 13, 2005. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

In this small claims action, plaintiff sought recovery in the principal sum of $3,000 for property damage to her vehicle, as a result of an automobile accident. At trial, the parties offered different versions of the accident, and a police officer testified, based on his investigation and his accident report. The court assessed the credibility of the witnesses at trial, gave weight to the officer's testimony and concluded that since the testimony "from both parties" established that plaintiff had struck the rear of defendant's
vehicle, plaintiff was not entitled to damages. Plaintiff appeals from the judgment in favor of defendant dismissing the action.

"On 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, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses" (see Claridge Gardens v Menotti, 160 AD2d 544, 544-545 [1990]; Matter of Poggemeyer, 87 AD2d 822, 823 [1982]). The deference normally accorded to the credibility determinations of the trial court "applies with greater force" to small claims proceedings (see Williams v Roper, 269 AD2d 125, 126 [2000]). We find that in the matter at bar, there was an adequate basis in the record to support the findings of the court below, which rendered substantial justice between the parties according to the rules and principles of substantive law (UJCA 1804, 1807).

Rudolph, P.J., LaCava and Emerson, JJ., concur.
Decision Date: July 12, 2007