Appeal from a judgment of the District Court of Nassau County, First District (Scott Fairgrieve, J.), entered November 30, 2005. The judgment, after a nonjury trial, awarded plaintiff the sum of $3,318.59.

Judgment affirmed without costs.

Plaintiff commenced the instant action to recover for landscaping work performed on behalf of defendants. A review of the record establishes that there is support for the trial court's implicit findings that the work was properly performed and that defendants had not paid the monies due for same. The resolution of said issues involved, at least in part, passing upon the credibility of the witnesses. The
determination of the trier of fact, here the trial court, as to issues of credibility is given substantial deference, as the court had the opportunity to observe and evaluate the testimony and demeanor of the witnesses, thereby affording it 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]). In view of the foregoing, the judgment is affirmed.

Rudolph, P.J., Molia and Scheinkman, JJ., concur.
Decision Date: March 27, 2008