| Garbi v Doodyman To Rescue Anytime Sewer, Inc. |
| 2014 NY Slip Op 50974(U) [44 Misc 3d 128(A)] |
| Decided on June 13, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Civil Court of the City of New York, Queens County (Joseph E. Capella, J.), dated May 21, 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 $2,000, alleging that defendant had failed to properly provide services for which plaintiff had paid defendant. After a nonjury 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.
Accordingly, the judgment is affirmed.
Pesce, P.J., Solomon and Elliot, JJ., concur.