[*1]
Picone v Lanese
2013 NY Slip Op 50978(U) [39 Misc 3d 151(A)]
Decided on June 6, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 6, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : LaSALLE, J.P., NICOLAI and IANNACCI, JJ
2012-296 N C.

Martin Picone, Respondent, —

against

Mark Lanese Doing Business as LANESE LANDSCAPING, Appellant.


Appeal from a judgment of the District Court of Nassau County, Third District (Eugene H. Shifrin, Ct. Atty. Ref.), entered October 17, 2011. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,755 and dismissed the counterclaim.


ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover for defendant's alleged breach of a landscaping agreement. Defendant interposed a counterclaim to recover for additional work, for which he allegedly had not been paid. After a nonjury trial, the District Court awarded plaintiff the principal sum of $2,755 and dismissed the counterclaim. 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 [*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.

LaSalle, J.P., Nicolai and Iannacci, JJ., concur.
Decision Date: June 06, 2013