| Nobile v Rudolfo Valetin Inc. |
| 2008 NY Slip Op 51962(U) [21 Misc 3d 128(A)] |
| Decided on September 29, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, Fourth District (Bonnie P.
Chaikin, J.), entered November 22, 2006. The judgment, after a nonjury trial, awarded plaintiffs
the principal sum of $4,400 and dismissed defendant's counterclaim.
Judgment affirmed without costs.
Upon a review of the record in this small claims action, we find that the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UDCA 1804, 1807; Williams v Roper, 269 AD2d 125, 126 [2000]). The decision of the fact-finding court should not be disturbed on 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 (Williams, 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]). Since the record amply supports the trial court's conclusions, we find no reason to disturb the judgment.
McCabe, J.P., Tanenbaum and Molia, JJ., concur.
Decision Date: September 29, 2008