| Kind v New York Countertops, Inc. |
| 2013 NY Slip Op 52224(U) [42 Misc 3d 131(A)] |
| Decided on December 20, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, on the ground of inadequacy, from a judgment of the District Court of
Suffolk County, Fifth District (Vincent J. Martorana, J.), entered February 9, 2012. The
judgment, after a nonjury trial, awarded plaintiff the principal sum of $850.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the sum of $5,000 for the allegedly defective fabrication and installation of a kitchen countertop. After a nonjury trial, the District Court awarded plaintiff the principal sum of $850. 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 UDCA 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]). Furthermore, the determination of a trier of fact as to issues of credibility is 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]). 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). As the record supports the District Court's determination, we find no reason to disturb the judgment.
Accordingly, the judgment is affirmed.
Marano, J.P., Nicolai and LaSalle, JJ., concur.
Decision Date: December 20, 2013