Opinion
2008-1453 N C.
Decided on May 28, 2009.
Appeal from a judgment of the District Court of Nassau County, First District (Rhonda E. Fischer, J.), entered February 26, 2008. The judgment, insofar as appealed from as limited by the brief, after a nonjury trial, awarded plaintiff the principal sum of $1,352.
Judgment, insofar as appealed from, affirmed without costs.
PRESENT: TANENBAUM, J.P., MOLIA and SCHEINKMAN, JJ.
Plaintiff commenced this small claims action to recover the sum of $5,000 for services that she contracted for, but which defendant did not deliver. After a nonjury trial, the District Court awarded plaintiff the principal sum of $1,352. Upon a review of the record, we find that the District Court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UDCA 1804, 1807; see Williams v Roper, 269 AD2d 125, 126).
The decision of the 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 AD2d 544). This standard applies with greater force to judgments rendered in the Small Claims Part of the court ( see Williams v Roper, 269 AD2d at 126). Furthermore, the determination of the trier of fact as to issues of credibility is given substantial deference as the court has the opportunity to observe and evaluate the testimony and demeanor of the witnesses, thereby affording the trial court a better perspective from which to evaluate the credibility of the witnesses ( see Vizzari v State of New York, 184 AD2d 564; Kincade v Kincade, 178 AD2d 510, 511).
We note that this court cannot consider statements and documents which are dehors the record on appeal ( see Chimarios v Duhl, 152 AD2d 508; Support Billing Mgt. Co. v State Farm Mut. Ins. Co. , 21 Misc 3d 136 [A], 2008 NY Slip Op 52226[U] [App Term, 2d 11th Jud Dists 2008]). Accordingly, as the record presents no reason to disturb the court's determination, the judgment is affirmed.
Tanenbaum, J.P., Molia and Scheinkman, JJ., concur.