| Ianni v C.A.R.S. of N.Y., Inc. |
| 2012 NY Slip Op 50789(U) [35 Misc 3d 137(A)] |
| Decided on April 30, 2012 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Justice Court of the Town of Ossining, Westchester County
(Edwin S. Shapiro, J.), entered April 30, 2010. The judgment, after a nonjury trial, awarded
plaintiff the principal sum of $690.09.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover for the defective programming repair by defendant of the computer in plaintiff's automobile. After a nonjury trial, the Justice Court awarded plaintiff the principal sum of $690.09, finding that plaintiff had established by a preponderance of the credible evidence that defendant's reprogramming of the vehicle's computer was defective. Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (UJCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).
The decision of a 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 a trier of fact as to issues of credibility is given substantial deference, as the trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Vizzari v State of New York, 184 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). As the record supports the trial court's determination, we find no reason to disturb the judgment.
Accordingly, the judgment is affirmed.
Iannacci, J.P., Nicolai and Molia, JJ., concur.
Decision Date: April 30, 2012