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Savage v Unified Windows Sys., Inc.
2014 NY Slip Op 50121(U) [42 Misc 3d 136(A)]
Decided on January 27, 2014
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 27, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : LaSALLE, J.P., NICOLAI and IANNACCI, JJ
2012-1848 N C.

Dawn Borum Savage and HERMAN SAVAGE, Appellants,

against

Unified Windows System, Inc., Respondent.


Appeal from a judgment of the District Court of Nassau County, Second District (Eugene H. Shifrin, Ct. Atty. Ref.), entered November 4, 2011. The judgment, after a nonjury trial, dismissed the action.


ORDERED that the judgment is affirmed, without costs.

In this small claims action, plaintiffs seek to recover the sum of $1,300, the amount they paid to repair a basement wall and replace a carpet as a result of defendant's allegedly improper installation of a front door and frame. After a nonjury trial, the District Court dismissed the action, finding that plaintiffs had failed to make out a prima facie case.

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 Kreisler Borg Florman Gen. Constr. Co., Inc. v Rosen & Morelli, 181 AD2d 813 [1992]). 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]). This standard applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v Roper, 269 AD2d 125, 126 [2000]). Upon a review of the record, we find that the judgment rendered substantial justice between the parties according to the rules and principles of substantive law (see UDCA 1804, 1807; Ross v Friedman, 269 AD2d 584 [2000]).

Accordingly, the judgment is affirmed.

LaSalle, J.P., Nicolai and Iannacci, JJ., concur.
Decision Date: January 27, 2014