Opinion
No. 2014–296KC.
06-15-2016
Miguelina PAYAMPS, Respondent, v. Ninibe SANCHEZ, Appellant.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered October 24, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,150 and dismissed defendant's counterclaim.
ORDERED that the judgment is affirmed, without costs.
Plaintiff, defendant's former tenant, commenced this small claims action to recover the principal sum of $1,150, the amount of her security deposit. Defendant counterclaimed to recover the sum of $5,000 for “loss of property.” At a nonjury trial, defendant sought to demonstrate, among other things, that plaintiff had caused damage to the apartment. Defendant appeals from a judgment of the Civil Court which awarded plaintiff the principal sum of $1,150 and dismissed defendant's counterclaim.
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 125 [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 ).
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 (see CCA 1804, 1807 ; Ross v. Friedman, 269 A.D.2d 584 ; Williams v. Roper, 269 A.D.2d at 126 ).
Accordingly, the judgment is affirmed.