[*1]
Santarelli v Martinez
2013 NY Slip Op 51382(U) [40 Misc 3d 137(A)]
Decided on August 8, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 8, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., LaSALLE and TOLBERT, JJ
2012-211 W C.

Domenic Santarelli, Appellant, —

against

Jorge Martinez, Respondent.


Appeal from a judgment of the City Court of Yonkers, Westchester County (Mary Anne Scattaretico-Naber, J.), entered February 9, 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 for defendant's alleged failure to properly repair plaintiff's vehicle, for which repair plaintiff had paid defendant $1,000. After a nonjury trial, the City Court dismissed the 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 (UCCA 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 City Court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

Nicolai, P.J., LaSalle and Tolbert, JJ., concur.
Decision Date: August 08, 2013