[*1]
Konovalova v Lenberskiy
2009 NY Slip Op 50025(U) [22 Misc 3d 127(A)]
Decided on January 7, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 7, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON PATTERSON, J.P., RIOS and STEINHARDT, JJ
2008-25 K C.

Zinaida Konovalova, Appellant,

against

Alex Lenberskiy, Respondent.


Appeal from a judgment of the Civil Court of the City of New York, Kings County (Kathy J. King, J.), entered July 23, 2007. The judgment, after a nonjury trial, dismissed the action.


Judgment affirmed without costs.

In this small claims action to recover for an allegedly defective installation of an air conditioning system, 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 (CCA 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 supports the trial court's conclusions and, accordingly, find no reason to disturb the judgment dismissing the action. Accordingly, the judgment is affirmed.

Weston Patterson, J.P., Rios and Steinhardt, JJ., concur. [*2]
Decision Date: January 07, 2009