| Melstein v His Mission Corp. |
| 2012 NY Slip Op 52270(U) [37 Misc 3d 141] |
| Decided on December 7, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Fishkill, Dutchess County
(Harold Epstein, J.), entered August 30, 2011. The judgment, after a nonjury trial, dismissed the
action.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the sum of $1,685.31, alleging that defendant had performed defective and unnecessary repairs to his car. After a nonjury trial, the Justice Court dismissed the action, finding that plaintiff had failed to sustain his burden of proof. 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 [*2]given substantial deference, as a 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.
LaCava, J.P., Iannacci and LaSalle, JJ., concur.
Decision Date: December 07, 2012