[*1]
Hynard v Swistak
2007 NY Slip Op 52450(U) [18 Misc 3d 128(A)]
Decided on December 27, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 27, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2005-801 Q C.

Paul O. Hynard, Appellant,

against

Veronica Swistak, Respondent.


Appeal from a judgment of the Civil Court of the City of New York, Queens County (Diccia T. Pineda-Kirwan, J.), entered April 20, 2006. The judgment, insofar as appealed from, after a nonjury trial, dismissed plaintiff's cause of action.


Judgment affirmed without costs.

Plaintiff appeals from a small claims judgment insofar as it dismissed his claim based upon defendant's alleged breach of contract for the sale of a condominium unit. 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 (CCA 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 the Small Claims Part of the court (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 [*2]Ctr. & Lbr. v Kraft, 199 AD2d 254 [1993]). The record amply supports the trial court's conclusions and, accordingly, there is no reason to disturb the judgment.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: December 27, 2007