| Primiani v Lucido |
| 2014 NY Slip Op 51320(U) [44 Misc 3d 142(A)] |
| Decided on August 20, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, Richmond County (Philip S. Straniere, J.), entered October 16, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,000.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the sum of $5,000 for personal injuries he sustained as a result of defendant having punched him in the face, causing injury to plaintiff's eyes and resulting in plaintiff receiving 22 stitches at a hospital. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $5,000. 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]). 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). Under the circumstances presented, we find no reason to disturb the judgment.
Accordingly, the judgment is affirmed.
Pesce, P.J., Aliotta and Solomon, JJ., concur.