Appeal from a judgment of the Civil Court of the City of New York, Richmond County (Kenneth P. Sherman, J.), entered October 16, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,488.20.

Judgment affirmed without costs.

Appellate review of a small claims judgment is limited to a determination of whether substantial justice has been done between the parties according to the rules and principles of substantive law (CCA 1807). A small claims judgment may not be overturned simply because the determination appealed from involves an arguable point on which an appellate court may differ (see Forte v Bielecki, 118 AD2d 620, 621 [1986])
absent a showing that there is no support in the record for the trial court's conclusions or that they were so clearly erroneous as to deny substantial justice (see Payne v Biglin, 2 Misc 3d 127[A], 2003 NY Slip Op 51694[U] [App Term, 9th & 10th Jud Dists 2003]). In the instant case, after hearing the testimony and considering the evidence presented at trial, the court concluded that the deposit given to defendant for the purchase of a white Pathfinder was not refunded to plaintiff after the transaction was canceled by the parties. While plaintiff purchased a second vehicle from defendant, the retail installment contract does not establish that plaintiff was given a credit for the deposit she paid in connection with the purchase of the first vehicle.

Accordingly, the judgment awarding plaintiff the principal sum of $4,488.20 is affirmed, as substantial justice was done between the parties (CCA 1807).

Pesce, P.J., Rios and Steinhardt, JJ., concur. [*2]
Decision Date: July 10, 2008