Abosi v Pierre

Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts

Decided on March 20, 2026

2025-203 Q C

Present: : Wavny Toussaint, P.J., ChereÉ A. Buggs, Joanne D. QuiÑOnes, JJ

Lucy Abosi, appellant pro se. Elizabeth Pierre and Brian Pierre, respondents pro se (no brief filed).

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Evelyn Gong, J.), entered January 30, 2025. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

In this small claims action, plaintiff sought to recover the principal sum of $10,000 for unpaid rent and property damage from her former tenants. At a nonjury trial, plaintiff presented photographs of garbage and debris left in the yard, but proffered no evidence that it was left there by defendants. As to the rent, it is undisputed that the parties only had a month-to-month lease and defendant Elizabeth Pierre testified that defendants left prior to the accrual of the months claimed. Plaintiff testified that defendants never returned the keys, while Pierre testified that she returned them to plaintiff's husband when they vacated. Plaintiff appeals from a judgment of the Civil Court (Evelyn Gong, J.) entered January 30, 2025 dismissing 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" (CCA 1807; see CCA 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 [*2]substantial deference, as a trial court's opportunity to observe and evaluate the testimony 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). Here, the Civil Court's dismissal of the action relied heavily upon the credibility of the witnesses, is supported by the record and, consequently, rendered substantial justice between the parties (see CCA 1804, 1807).

Accordingly, the judgment is affirmed.

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

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: March 20, 2026