[*1]
Mallon v Harriman Auto
2007 NY Slip Op 52274(U) [17 Misc 3d 135(A)]
Decided on November 20, 2007
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 20, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., LaCAVA and SCHEINKMAN, JJ
2005-1601 OR C.

Melissa C. Mallon, Appellant,

against

Harriman Auto, Respondent.


Appeal from a judgment of the Justice Court of the Village of Harriman, Orange County (Philip J. Caiazza, J.), entered August 29, 2005. The judgment, after a nonjury trial, dismissed plaintiff's causes of action.


Judgment affirmed without costs.

In this small claims action, plaintiff sought to recover damages allegedly resulting from, inter alia, defendant's damaging of plaintiff's vehicle and defendant's failure to effectuate proper repairs. Upon a review of the record on appeal, we find that the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UJCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).

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 (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). This standard applies with greater force to judgments rendered in small claims actions (see Williams v Roper, 269 AD2d at 126). Furthermore, the determination of the trier of fact as to issues of credibility is given substantial deference as the court has the opportunity to observe and evaluate the testimony and demeanor of the witnesses thereby affording the trial court a better perspective from which to evaluate the credibility of the witnesses (see Vizzari v State of New York, 184 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). This is especially true when findings of fact rest in large measure on considerations relating to the credibility of witnesses (Richard's Home Ctr. & Lbr. v Kraft, 199 AD2d 254 [1993]). We find that the record amply supports the trial court's conclusions and, accordingly, find no reason to disturb the judgment.

Rudolph, P.J., LaCava and Scheinkman, JJ., concur.
Decision Date: November 20, 2007