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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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 23, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and SOLOMON, JJ.
2014-2154 K C

Ezzat A. Elsheemy, Respondent,

against

50 Rosen Realty Corp., Appellant.


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.


Decision Date: February 23, 2016