Appeal from a judgment of the City Court of Yonkers, Westchester County (Michael A. Martinelli, J.), entered September 12, 2008. The judgment, after a nonjury trial, awarded plaintiffs the principal sum of $1,500.

ORDERED that the judgment is affirmed without costs.

In this small claims action to recover one half the cost of furniture purchased by plaintiffs, the City Court, after a nonjury trial, awarded plaintiffs judgment in the principal sum of $1,500. Defendant appeals from the judgment.

The determination of the trier of fact as to issues of credibility is given substantial deference, as the court had the opportunity to observe and evaluate the testimony and demeanor of the witnesses (see Vizzari v State of New York, 184 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). Upon a review of the record, we are of the opinion that the City Court's findings of fact and conclusions of law were reached upon a fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). Accordingly, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (UCCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]), and we affirm it.

Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: January 28, 2010