| Dewitt v Impala Constr. Co. |
| 2008 NY Slip Op 50280(U) [18 Misc 3d 136(A)] |
| Decided on February 6, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Joseph
Esposito, J.), dated November 21, 2005. The judgment, after a nonjury trial, found in favor of
defendant dismissing the action.
Judgment affirmed without costs.
In this small claims action to recover for allegedly defective repairs to plaintiff's
roof, 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 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 dismissing the action.
Weston Patterson, J.P. and Rios, J., concur.
[*2]
Decision Date: February 06, 2008