[*1]
A-Expert Exterminating Co., Inc. v Kornblum
2008 NY Slip Op 50710(U) [19 Misc 3d 135(A)]
Decided on March 27, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and RIOS, JJ
2007-201 K C.

A-Expert Exterminating Co., Inc., Respondent,

against

Daniel Kornblum d/b/a 5413 7th Ave., LLC, Appellant.


Appeal from a judgment of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), dated August 10, 2006. The judgment, afer a nonjury trial, awarded plaintiff the principal sum of $1,000.


Judgment affirmed without costs.

Upon a review of the record in this commercial claims action to recover for services rendered, we find that the factual determinations and conclusions of law of the court below were reached upon a fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). The determination of the trier of fact 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 (see Vizzari v State of New York, 184 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). As the record supports the trial court's determinations, we find no reason to disturb the judgment. Accordingly, it is our view 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-A, 1807-A; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).

Pesce, P.J., Weston Patterson and Rios, JJ., concur.
Decision Date: March 27, 2008