Appeal from a judgment of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered November 20, 2012. The judgment, after a nonjury trial, dismissed the complaint.

ORDERED that the judgment is affirmed, without costs.

In this action, plaintiff seeks to recover the principal sum of $10,075.53, based on a breach of contract. At a nonjury trial, plaintiff testified that defendants had failed to pay her bonuses to which she was entitled on a $500 certificate of deposit. Following the trial, the Civil Court dismissed the complaint.

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.

We note that we do not consider those materials submitted by plaintiff on appeal which are dehors the record.

Accordingly, the judgment is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: February 28, 2014