| Wiggins v Ellensohn |
| 2012 NY Slip Op 51974(U) [37 Misc 3d 131(A)] |
| Decided on October 11, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 District Court of Nassau County, First District (David
W. McAndrews, J.), entered November 12, 2010. The judgment, after a nonjury trial,
dismissed plaintiff's action.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover an $875 security deposit from her former landlord. After a nonjury trial, the District Court dismissed plaintiff's action. 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 (UDCA 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 the credibility of the witnesses (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 conclusions, we affirm the judgment.
Iannacci, J.P., Molia and LaCava, JJ., concur.
Decision Date: October 11, 2012