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Del Prete v. Palmieri

Appellate Term of the Supreme Court of New York, Second Department
Jun 29, 2009
2009 N.Y. Slip Op. 51374 (N.Y. App. Term 2009)

Opinion

2008-1239 S C.

Decided June 29, 2009.

Appeal from a judgment of the District Court of Suffolk County, Fourth District, (Howard M. Bergson, J.), entered April 8, 2008. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,000.

Judgment affirmed without costs.

PRESENT: RUDOLPH, P.J., MOLIA and NICOLAI, JJ.


Plaintiff commenced this small claims action to recover damages resulting from defendant's alleged breach of contract. After a nonjury trial, the District Court awarded plaintiff the principal sum of $5,000.

The decision of the 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 AD2d 544). This standard applies with greater force to judgments rendered in the Small Claims Part of the court ( see Williams v Roper, 269 AD2d 125, 126). Furthermore, the determination of the trier of fact as to issues of credibility is given substantial deference as the court has the opportunity to observe and evaluate the testimony and demeanor of the witnesses, thereby affording the trial court a better perspective from which to evaluate the credibility of the witnesses ( see Vizzari v State of New York, 184 AD2d 564). Upon a review of the record, we find that the District Court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UDCA 1804, 1807).

Accordingly, the judgment is affirmed.

Rudolph, P.J., Molia and Nicolai, JJ., concur.


Summaries of

Del Prete v. Palmieri

Appellate Term of the Supreme Court of New York, Second Department
Jun 29, 2009
2009 N.Y. Slip Op. 51374 (N.Y. App. Term 2009)
Case details for

Del Prete v. Palmieri

Case Details

Full title:MARIE DEL PRETE, Respondent, v. PAUL PALMIERI, Appellant

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jun 29, 2009

Citations

2009 N.Y. Slip Op. 51374 (N.Y. App. Term 2009)
890 N.Y.S.2d 368