| Mars v Witschard |
| 2015 NY Slip Op 50469(U) [47 Misc 3d 133(A)] |
| Decided on April 7, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the City Court of Middletown, Orange County (Robert F. Moson, J.), entered May 17, 2013. The judgment, after a nonjury trial, upon finding in favor of plaintiff in the sum of $1,000 on plaintiff's cause of action and in favor of defendant in the sum of $550 on his counterclaim, awarded plaintiff the net principal sum of $450.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action against her former landlord to recover the sum of $4,000, representing her security deposit in the sum of $1,000, a utility bill and moving expenses. Defendant interposed a counterclaim in the sum of $5,000 to recover expenses which he had allegedly incurred to clean the premises after plaintiff had vacated and to replace the stove. Following a nonjury trial, the City Court found that plaintiff was entitled to receive the sum of $1,000 on her cause of action and that defendant was entitled to recover the sum of $550 on his counterclaim, as the estimated cost of cleaning materials that defendant would require to clean the premises. Defendant appeals from a judgment which awarded plaintiff the net principal sum of $450.
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" (UCCA 1807; see UCCA 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 evidence adduced at trial indicates that the City Court considered the estimates for cleaning, which defendant presented in support of his counterclaim, and declined to award defendant the sum which his counterclaim sought for replacement of the stove. Upon a review of the record, we find that the court's determination provided the parties with substantial justice (see UCCA 1804, 1807).
Accordingly, the judgment is affirmed.
Tolbert, J.P., Garguilo and Connolly, JJ., concur.