Appeal from a judgment of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered July 2, 2012. The judgment, after a nonjury trial, dismissed the complaint.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this action to recover the sum of $25,000, alleging that defendant had failed to return a book that plaintiff had translated. After a nonjury trial, the Civil Court dismissed the complaint, finding that plaintiff had failed to establish by a preponderance of the credible evidence the existence of a contract.

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]). As the record supports the trial court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

Aliotta, J.P., Pesce and Solomon, JJ., concur.
Decision Date: January 10, 2014