| Harding v Enmore |
| 2016 NY Slip Op 50139(U) [50 Misc 3d 138(A)] |
| Decided on February 5, 2016 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Ingrid Joseph, J.), entered March 27, 2014. The judgment, after a nonjury trial of consolidated small claims actions, awarded Jorge Harding the principal sum of $1,096.62.
ORDERED that the judgment is affirmed, without costs.
Jorge Harding commenced a small claims action against Patricia Enmore to recover the sum of $3,260 for extra work he had done, which he alleged had not been included in the original contract for the renovation of Enmore's home. Patricia Enmore commenced a separate small claims action against Jorge Harding to recover the sum of $5,000 for "damage to personal property and money held." The Civil Court, in effect, consolidated the two actions, and, following a nonjury trial, awarded Harding the principal sum of $1,096.62, noting that it had allowed an unspecified credit for Enmore's "cross claim (sic)."
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 court's determination is supported by the record and provides the parties with substantial justice (see CCA 1804, 1807), the judgment is affirmed.
Pesce, P.J., Weston and Solomon, JJ., concur.