Appeal from a judgment of the City Court of Yonkers, Westchester County (Arthur J. Doran, III, J.), entered November 9, 2006. The judgment, after a nonjury trial, awarded plaintiffs the principal sum of $1,489.51.

Judgment affirmed without costs.

In this small claims action, plaintiffs seek to recover the cost to repair their vehicle which was allegedly damaged when defendant threw beer bottles onto their driveway. At trial, an issue of credibility was presented as to whether defendant was responsible for the damage to plaintiffs' vehicle. Defendant testified she threw beer
bottles onto the driveway but did not dent the passenger's side of plaintiffs' vehicle, as plaintiffs allege, because the vehicle had been moved away prior thereto.

The determination of issues of credibility are for the trier of fact which 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 it could not have been reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544, supra). The deference accorded to a trial court's credibility determinations applies with even greater force to judgments rendered in the Small Claims Part of the court given the limited standard of review (UCCA 1807; see Williams v Roper, 269 AD2d 125 [2000]). After reviewing the record, we find that the lower court's resolution of the aforementioned issue of credibility in favor of plaintiffs was based on a fair interpretation of the evidence. Accordingly, the judgment in favor of plaintiffs rendered substantial justice between the parties in accordance with the rules and principles of substantive law (see UCCA 1807).

Rudolph, P.J., McCabe and Scheinkman, JJ., concur. [*2]
Decision Date: July 1, 2008