[*1]
White v Campbell-Roberts
2020 NY Slip Op 50312(U) [66 Misc 3d 151(A)]
Decided on February 27, 2020
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This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2020
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : THOMAS A. ADAMS, P.J., BRUCE E. TOLBERT, JERRY GARGUILO, JJ
2019-562 N C

Mary White, Appellant,

against

Dorian Campbell-Roberts, Respondent.


Mary White, appellant pro se. Dorian Campbell-Roberts, respondent pro se (no brief filed).

Appeal from a judgment of the District Court of Nassau County, Second District (Scott H. Siller, J.), entered November 7, 2018. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

In this small claims action, plaintiff seeks damages in the sum of $254.44, alleging that defendant converted certain of plaintiff's possessions that plaintiff had brought to a church affair. After a nonjury trial, the District Court dismissed the action.

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" (UDCA 1807; see UDCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125 [2000]). 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 [*2]Part of the court (see Williams v Roper, 269 AD2d at 126).

The case primarily presented issues of credibility, and we find no basis to disturb the court's determination of these issues. Consequently, the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (see UDCA 1804, 1807).

Accordingly, the judgment is affirmed.

ADAMS, P.J., TOLBERT and GARGUILO, JJ., concur.



ENTER:


Paul Kenny


Chief Clerk


Decision Date: February 27, 2020