[*1]
Dorfman v Garfield Garage
2023 NY Slip Op 50274(U) [78 Misc 3d 128(A)]
Decided on February 24, 2023
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This opinion is uncorrected and will not be published in the printed Official Reports.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 24, 2023
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WAVNY TOUSSAINT, P.J., CHEREÉ A. BUGGS, MARINA CORA MUNDY, JJ
2020-883 K C

Leo Dorfman, Respondent,

against

The Garfield Garage, Appellant.


Gullo & Associates, LLC (Cristina Carollo of counsel), for appellant.

Leo Dorfman, respondent pro se.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Consuelo Mallafre Melendez, J.), entered January 30, 2020. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,566.59.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the principal sum of $5,000 for damage to his vehicle during occasions it was parked in defendant's valet garage. Following a nonjury trial, the Civil Court awarded plaintiff the principal sum of $2,566.59.

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 12 [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 [*2]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).

The judgment in favor of plaintiff implicitly rested on a credibility determination which, upon a review of the record, we find no basis to disturb (see Yildirim v Turkish Airlines, 55 Misc 3d 152[A], 2017 NY Slip Op 50772[U], *2 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]). Consequently, the judgment rendered substantial justice between the parties (see CCA 1804, 1807).

Accordingly, the judgment is affirmed.

TOUSSAINT, P.J., BUGGS and MUNDY, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: February 24, 2023