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Barone v. Brooks

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Apr 25, 2012
950 N.Y.S.2d 721 (N.Y. App. Div. 2012)

Opinion

2012-04-25

Vanessa L. BARONE, Appellant, v. Michael BROOKS, Respondent, and Barbara Ann Brooks, Defendant.


Present: PESCE, P.J., WESTON and RIOS, JJ.

Appeal from a judgment of the Civil Court of the City of New York, Richmond County (Mary Kim Dollard, J.), entered November 22, 2010. The judgment, after a nonjury trial, awarded defendant Michael Brooks the principal sum of $1,351.34 on his counterclaim.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the sum of $5,000 for breach of contract. Michael Brooks (defendant) interposed a counterclaim seeking to recover the security deposit paid to plaintiff in the sum of $1,900. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $5,000 and, in a separate judgment, awarded defendant the principal sum of $1,351.34 on his counterclaim. Plaintiff appeals from the judgment awarding defendant the principal sum of $1,351.34 on his counterclaim.

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 (CCA 1804, 1807; see Ross v. Friedman, 269 A.D.2d 584 [2000];Williams v. Roper, 269 A.D.2d 125, 126 [2000] ). The decision of a fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence ( see Claridge Gardens v. Menotti, 160 A.D.2d 544 [1990] ). This standard applies with greater force to judgments rendered in the Small Claims Part of the court ( see Roper, 269 A.D.2d at 126). Furthermore, the determination of a trier of fact as to issues of credibility is given substantial deference, as the 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 A.D.2d 564 [1992];Kincade v. Kincade, 178 A.D.2d 510, 511 [1991] ).

As the record supports the trial court's determination, we find no reason to disturb the judgment.

PESCE, P.J., WESTON and RIOS, JJ., concur.


Summaries of

Barone v. Brooks

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Apr 25, 2012
950 N.Y.S.2d 721 (N.Y. App. Div. 2012)
Case details for

Barone v. Brooks

Case Details

Full title:Vanessa L. BARONE, Appellant, v. Michael BROOKS, Respondent, and Barbara…

Court:Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Apr 25, 2012

Citations

950 N.Y.S.2d 721 (N.Y. App. Div. 2012)