| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
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