| Cooper v Lathillerie |
| 2014 NY Slip Op 50783(U) [43 Misc 3d 139(A)] |
| Decided on April 30, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the District Court of Nassau County, First District (Eric Bjorneby, J.), entered July 16, 2012. The judgment, after a nonjury trial, dismissed the action.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the principal sum of $5,000 for malicious prosecution, alleging that he lost wages and incurred expenses for attorney's fees in the defense of two criminal proceedings in which defendant was the complaining witness. Both proceedings had terminated in plaintiff's favor. After a nonjury trial, the District Court found that plaintiff had failed to meet his burden of establishing his claim for malicious prosecution and dismissed the action.
Appellate review of a small claims judgment is limited to determining whether substantial justice has been done between the parties according to the rules and principles of substantive law (UDCA 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 evaluate 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 at 126).
On a prior appeal in this action (33 Misc 3d 1, 3), this court stated:
In order to support his claim for malicious prosecution, plaintiff had to demonstrate
that defendant, as a complainant, had "played an active role in the prosecution, such as
giving advice
In view of the foregoing, we find that substantial justice was done between the parties according to the rules and principles of substantive law (see UDCA 1804, 1807).
Accordingly, the judgment is affirmed.
Iannacci, J.P., Marano and Tolbert, JJ., concur.