[*1]
Renda v Roszko
2013 NY Slip Op 52028(U) [41 Misc 3d 142(A)]
Decided on November 29, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 29, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : RIOS, J.P., PESCE and SOLOMON, JJ
2012-2314 Q C.

Oxana Renda, Appellant, —

against

Eugene Roszko and HALINA ROSZKO, Respondents.


Appeal from a judgment of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered May 31, 2012. The judgment, after a nonjury trial, dismissed the action.


ORDERED that the judgment is affirmed, without costs.

Plaintiff brought this small claims action against defendants, her former tenants, to recover alleged arrears in rent. After a nonjury trial, the Civil Court found defendants' testimony regarding setoffs due them from plaintiff to be more credible than plaintiff's testimony and 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 (see CCA 1804, 1807; 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, 269 [*2]AD2d at 126). As the record supports the Civil Court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

Rios, J.P., Pesce and Solomon, JJ., concur.
Decision Date: November 29, 2013