[*1]
Mas v Chase Bank
2015 NY Slip Op 50068(U) [46 Misc 3d 137(A)]
Decided on January 15, 2015
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 15, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : TOLBERT, J.P., IANNACCI and GARGUILO, JJ.
2013-785 W C

Joseph Mas, Appellant,

against

Chase Bank, Respondent.


Appeal from a judgment of the Justice Court of the Village of Port Chester, Westchester County (Matthew J. Troy III, J.), dated June 15, 2012. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

In this small claims action, plaintiff seeks to recover the sum of $3,000 to compensate him for the hospital bills he incurred as a result of injuries he sustained after allegedly falling over a bench at a branch of defendant bank. Following a nonjury trial, the Justice 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" (UJCA 1807; see UJCA 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).

Upon a review of the record, we find that the small claims judgment rendered substantial justice between the parties (see UJCA 1807). The bench was 15 inches high, 21 inches wide and 60 inches long. It was dark in color, contrasting with the light floor, and it was positioned in an open area. As the bench plaintiff fell over was open, obvious and readily observable, defendant is not liable for plaintiff's injuries (see Tagle v Jakob, 97 NY2d 165 [2001]; Ackermann v Town of Fishkill, 201 AD2d 441 [1994]).

Accordingly, the judgment is affirmed.

Tolbert, J.P., Iannacci and Garguilo, JJ., concur.


Decision Date: January 15, 2015