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Amendolare v Ocean Outboard, Inc.
2010 NY Slip Op 50381(U) [26 Misc 3d 142(A)]
Decided on March 8, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 8, 2010
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., TANENBAUM and MOLIA, JJ
2009-662 N C.

Angelo Amendolare, Appellant,

against

Ocean Outboard, Inc., Respondent.


Appeal from a judgment of the District Court of Nassau County, Second District (Sondra K. Pardes, J.), entered January 5, 2006. The judgment, after a nonjury trial, dismissed the action.


ORDERED that the judgment is affirmed without costs.

In this small claims action, plaintiff seeks to recover for allegedly improper and unauthorized repairs to his boat which were performed by defendant. After a nonjury trial, the District Court dismissed plaintiff's action. Upon a review of the record, we find that the judgment rendered by the District Court provided the parties with substantial justice according to the rules and principles of substantive law (UDCA 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 have been 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, 269 AD2d at 126). As there is ample support in the record for the District Court's determination, it will not be disturbed.

Accordingly, the judgment is affirmed.

Nicolai, P.J., Tanenbaum and Molia, JJ., concur.
Decision Date: March 08, 2010