[*1]
Milburn Sales Co., Inc. v Fischer
2008 NY Slip Op 50509(U) [19 Misc 3d 128(A)]
Decided on March 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 5, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : McCABE, J.P., TANENBAUM and MOLIA, JJ
2007-434 S C.

Milburn Sales Company, Inc., Respondent,

against

Richard Fischer and Lynn Fischer, Appellants.


Appeal from a judgment of the District Court of Suffolk County, Sixth District (Glenn A. Murphy, J.), entered on November 17, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,065.50.


Judgment affirmed without costs.

In this commercial claims action, plaintiff sought to recover $4,065.50, representing the balance allegedly due under a contract for the installation of wood flooring in defendants' home. After a nonjury trial, the court below awarded plaintiff the sum sought. This appeal by defendants ensued.

The resolution 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]; Claridge Gardens v Menotti, 160 AD2d 544 [1990]), and its decision should not be disturbed on appeal unless it is obvious that said determination could not have been reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990], supra). The deference accorded to a trial court's credibility determinations applies with even greater force to judgments rendered in the Small Claims Part or the Commercial Claims Part of the District Court given the limited standard of review (see UDCA 1807, 1807-A; Williams v Roper, 269 AD2d 125, 126 [2000]). A review of the record on appeal indicates there was sufficient support in the record for the trial court's determination. Since "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (UDCA 1807-A), the judgment of the lower court is affirmed.

McCabe, J.P., Tanenbaum and Molia, JJ., concur. [*2]
Decision Date: March 5, 2008