| Kabiri v Gavrilov |
| 2015 NY Slip Op 50619(U) [47 Misc 3d 141(A)] |
| Decided on April 16, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered October 21, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,647.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover $5,000, representing rent allegedly owed by defendant. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $4,647.
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).
As the judgment in this case provided the parties with substantial justice (see CCA 1804, 1807), the judgment is affirmed.