| Escobar v Century 21 Am. Homes |
| 2008 NY Slip Op 51267(U) [20 Misc 3d 127(A)] |
| Decided on April 3, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 District Court of Nassau County, Second District (Susan T.
Kluewer, J.), entered August 4, 2006. The judgment, after a nonjury trial, awarded plaintiff the
principal sum of $4,500.
Judgment affirmed without costs.
In this small claims action to recover for breach of contract, our review is limited to whether
substantial justice was done between the parties according to the rules and principles of
substantive law (UDCA 1807). The deference which we normally accord to the credibility
determinations of a trial court applies with even greater force in a small claims proceeding in
view of the limited scope of review (see Williams v Roper, 269
AD2d 125, 126 [2000]). On appeal, defendant failed to establish that the lower court's
determination to grant judgment in favor of plaintiff was not supported by the record so as to
deny substantial justice. Accordingly, the judgment is affirmed.
McCabe, J.P., Tanenbaum and Scheinkman, JJ., concur.
Decision Date: April 3, 2008