| Elsheemy v 50 Rosen Realty Corp. |
| 2016 NY Slip Op 50217(U) [50 Misc 3d 143(A)] |
| Decided on February 23, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (Katherine A. Levine, J.), entered August 14, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,000.
ORDERED that the judgment is affirmed, without costs.
Plaintiff, defendant's tenant, commenced this small claims action to recover the principal sum of $4,700 to reimburse plaintiff for certain of plaintiff's expenditures. Defendant appeals from a judgment of the Civil Court which, after a nonjury trial, awarded plaintiff the principal sum of $1,000 for the expense of having his apartment painted. 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).
Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (see CCA 1807; Ross v Friedman, 269 AD2d 584; Williams v Roper, 269 AD2d at 126).
Accordingly, the judgment is affirmed.
Pesce, P.J., Weston and Solomon, JJ., concur.