[*1]
Wall v New York Metro Postal Union
2014 NY Slip Op 51877(U) [46 Misc 3d 135(A)]
Decided on December 23, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 23, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., SOLOMON and ELLIOT, JJ.
2013-1748 K C

Clarence A. Wall, Jr., Appellant,

against

New York Metro Postal Union and JONATHAN SMITH, Respondents.


Appeal from a judgment of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered January 22, 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 $1,087.46, alleging nonpayment of wages and loss of time from work. After a nonjury trial, the Civil Court dismissed the action.

In a small claims action, our review is limited to a determination of whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (CCA 1807; see CCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). 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]). This deference applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v Roper, 269 AD2d at 126). The trial court had the opportunity to evaluate the evidence, and found that defendants' version of the facts was more credible. As the court's determination is supported by the record and provided the parties with substantial justice (see CCA 1804, 1807), we find no basis to disturb the judgment.

Accordingly, the judgment is affirmed.

Pesce, P.J., and Elliot, J., concur.

Solomon, J., taking no part.


Decision Date: December 23, 2014