Opinion
No. 2023-50274
02-24-2023
Leo Dorfman, Respondent, v. The Garfield Garage, Appellant.
Gullo & Associates, LLC (Cristina Carollo of counsel), for appellant. Leo Dorfman, respondent pro se.
Unpublished Opinion
2020-883 K C
Gullo & Associates, LLC (Cristina Carollo of counsel), for appellant.
Leo Dorfman, respondent pro se.
PRESENT:: WAVNY TOUSSAINT, P.J., CHEREÉ A. BUGGS, MARINA CORA MUNDY, JJ
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 A.D.2d 584 [2000]; Williams v Roper, 269 A.D.2d 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 A.D.2d 564 [1992]; Kincade v Kincade, 178 A.D.2d 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 A.D.2d 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.