| Momoh v MTA Bus |
| 2015 NY Slip Op 50695(U) [47 Misc 3d 145(A)] |
| Decided on May 1, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, on the ground of inadequacy, from a judgment of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered September 19, 2013. The judgment, after a nonjury trial, upon a finding that plaintiff was 50 percent at fault in the happening of the accident in question, awarded plaintiff the principal sum of $1,869.22.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the principal sum of $4,558.43 for damage to his vehicle resulting from an accident with a bus owned by defendant "MTA Bus" and operated by defendant Luis Castro. Plaintiff also sought to recover for loss of income as a result of the accident.
At a nonjury trial, plaintiff testified that he had been driving his vehicle eastbound in his lane of traffic on Jamaica Avenue and, after he had passed through the intersection at 163rd Street, a bus, which had been in the bus lane to the right of him, crossed over the solid white line dividing the bus lane from his lane of traffic, and struck his vehicle. Defendant Luis Castro, the driver of the bus, testified that because there had been two parked cars in the bus lane, he had moved his bus from the bus lane to the lane to the left of him. He stated that he was driving straight in that lane when plaintiff's vehicle, in an attempt to pass him on the left, went into the lane of oncoming traffic. When the bus driver saw plaintiff's vehicle attempting to overtake him, he stopped the bus, but the right side of plaintiff's vehicle struck the bus. The Civil Court awarded plaintiff $1,869.22, based upon an apportionment of liability of 50 percent against plaintiff and 50 percent against defendants. A judgment in the principal sum of $1,869.22 was entered on September 19, 2013. On appeal, plaintiff challenges the Civil Court's finding that he was 50 percent responsible for the accident.
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 [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).
After evaluating the testimony, the Civil Court concluded that defendant Castro and [*2]plaintiff were equally responsible for causing the accident. The Civil Court was entitled to credit the testimony of plaintiff that defendant bus driver negligently changed lanes (see Vehicle and Traffic Law § 1128 [a]), as well as the testimony of defendant bus driver, that plaintiff was negligent in attempting to overtake the bus without ascertaining whether there was sufficient clearance to pass the bus (see Vehicle and Traffic Law § 1122). It was not improper for the Civil Court to allocate responsibility based upon a comparison of the respective culpable conduct of the drivers of both vehicles, and to find them to be equally at fault.
As the judgment in this case provided the parties with substantial justice (see CCA 1804, 1807), the judgment is affirmed.
Aliotta, J.P., Solomon and Elliot, JJ., concur.