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Kowinsky v. Mishiyev

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
Nov 26, 2012
37 Misc. 3d 136 (N.Y. App. Div. 2012)

Opinion

No. 2010–2940ORC.

2012-11-26

Phyllis B. KOWINSKY, Appellant, v. Boris MISHIYEV, Respondent.


Present: NICOLAI, P.J., IANNACCI and LaSALLE, JJ.

Appeal from a judgment of the City Court of Port Jervis, Orange County (Victoria B. Campbell, J.), entered March 18, 2010. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the cost of allegedly defective furniture she had purchased from defendant. After a nonjury trial, the City Court found that plaintiff had failed to prove that the furniture was defective, and dismissed the action.

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] ). 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] ). This standard applies with greater force to judgments rendered in the Small Claims Part of the court ( see Williams v. Roper, 269 A.D.2d 125,126 [2000] ).

Upon a review of the record, we find no basis to disturb the City Court's dismissal of the action. We therefore conclude that the judgment rendered substantial justice between the parties according to the rules and principles of substantive law ( seeUCCA 1804, 1807).

Accordingly, the judgment is affirmed.

NICOLAI, P.J., IANNACCI and LaSALLE, JJ., concur.


Summaries of

Kowinsky v. Mishiyev

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
Nov 26, 2012
37 Misc. 3d 136 (N.Y. App. Div. 2012)
Case details for

Kowinsky v. Mishiyev

Case Details

Full title:Phyllis B. Kowinsky, Appellant, Nov 26, 2012 v. Boris Mishiyev, Respondent.

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

Date published: Nov 26, 2012

Citations

37 Misc. 3d 136 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 52177
964 N.Y.S.2d 60