Opinion
No. 570496/16.
12-30-2016
Eugene FENASCI, Plaintiff–Respondent, v. Sybil SHAINWALD, Defendant–Appellant.
Judgment (Jose A. Padilla, Jr., J.), entered on or about May 28, 2015, affirmed, without costs.
The record establishes that the trial court applied appropriate rules and principles of substantive law and accomplished "substantial justice" in awarding judgment in plaintiff's favor (CCA 1804, 1807 ). A fair interpretation of the evidence supports the finding that plaintiff performed various household services requested by defendant or on defendant's behalf, pursuant to their oral agreement and three-year course of conduct, and was entitled to payment for the services rendered. Particularly in the context of small claims cases, the decision of the fact-finding court is entitled to deference where it rests in large measure on considerations relating to the credibility of witnesses (see Williams v. Roper, 269 A.D.2d 125 [2000], lv dismissed 95 N.Y.2d 898 [2000] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.