Opinion
2019-1568 N C
10-15-2020
Stephen G. Reddan, Esq., Respondent, v. Saharnaz Italian, Appellant.
Saharnaz Italian, appellant pro se. Stephen G. Reddan, Esq., respondent pro se (no brief filed).
PRESENT: :
Saharnaz Italian, appellant pro se.
Stephen G. Reddan, Esq., respondent pro se (no brief filed).
Appeal from a judgment of the District Court of Nassau County, Second District (William Hohauser, J.), entered March 22, 2019. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,832.50.
ORDERED that the judgment is affirmed, without costs.
In this small claims action, plaintiff, an attorney, seeks the principal sum of $2,832.50 from a former client based on an account stated. After a nonjury trial, the District Court awarded plaintiff the amount sought.
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" (UDCA 1807; see UDCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125 [2000]). 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 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 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 AD2d at 126).
At the trial, plaintiff testified that he billed defendant for legal services and that defendant did not object to the bill. Plaintiff submitted the bill and a retainer agreement into evidence. Defendant testified, but did not claim either that she had not received the bill or that she had objected to it. As there was a basis for the District Court to find that plaintiff had established an account stated (see American Express Centurion Bank v Cutler, 81 AD3d 761 [2011]), the judgment provided the parties with substantial justice (see UDCA 1804).
Accordingly, the judgment is affirmed.
ADAMS, P.J., TOLBERT and RUDERMAN, JJ., concur. ENTER: Paul Kenny Chief Clerk Decision Date: October 15, 2020