| Hocheiser v Great Am. Restoration Servs. |
| 2010 NY Slip Op 50705(U) [27 Misc 3d 133(A)] |
| Decided on April 13, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the City Court of Long Beach, Nassau County (Stanley A.
Smolkin, J.), entered March 3, 2009. The judgment, after a nonjury trial, dismissed plaintiff's
action and awarded defendant the principal sum of $445 on its counterclaim.
ORDERED that the judgment is affirmed without costs.
Plaintiff commenced this small claims action to recover the sum of $1,500 for overcharges and damage to personal property. Defendant counterclaimed to recover the sum of $891.14, representing the unpaid balance owed by plaintiff for cleaning services rendered. Following a nonjury trial, the City Court found in favor of defendant, dismissing plaintiff's action and awarding defendant the principal sum of $445 on its counterclaim.
In a bench trial, 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 125, 126 [2000]). Upon the record presented, we find no basis to disturb the determination of the City Court. As substantial justice was rendered between the parties 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 at 126), the judgment is affirmed.
Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: April 13, 2010