[*1]
Martin v Gomgadeen
2014 NY Slip Op 50979(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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on June 13, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., ALIOTTA and SOLOMON, JJ.
2013-495 Q C

Jason A. Martin, Respondent,

against

Theresa Gomgadeen, Appellant.


Appeal from a judgment of the Civil Court of the City of New York, Queens County (Genine D. Edwards, J.), entered November 22, 2010. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,400 and implicitly dismissed the counterclaim.

ORDERED that the judgment is affirmed, without costs.

In this small claims action, plaintiff seeks to recover the sum of $5,000 for property damage, breach of a lease, and failure to return security and pet deposits. Defendant counterclaimed for breach of the lease and property damage. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $2,400 and implicitly dismissed the counterclaim. Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (see CCA 1804, 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 the 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]). 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 [2000]). As the record supports the determination of the Civil Court, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

Weston, J.P., Aliotta and Solomon, JJ., concur.


Decision Date: June 13, 2014