| Hermida v Pellegrino |
| 2008 NY Slip Op 50881(U) [19 Misc 3d 138(A)] |
| Decided on April 25, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 City Court of Yonkers, Westchester County (Arthur J. Doran
Jr., J.), entered December 13, 2005. The judgment, insofar as appealed from, after a nonjury trial,
dismissed plaintiff's causes of action.
Judgment, insofar as appealed from, affirmed without costs.
In this small claims action to recover a security deposit and the cost of towing plaintiff's car, we find that the trial court's dismissal of plaintiff's causes of action provided the parties with substantial justice according to the rules and principles of substantive law (UCCA 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]). We find that the record amply supports the trial court's dismissal of plaintiff's causes of action and, accordingly, find no reason to disturb the judgment, insofar as appealed from.
Tanenbaum, J.P., Molia and Scheinkman, JJ., concur.
Decision Date: April 25, 2008