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Tricarico v. Dept. of Sanitation Town of Hempstead

Appellate Term of the Supreme Court of New York, Second Department
Sep 16, 2005
2005 N.Y. Slip Op. 51475 (N.Y. App. Term 2005)

Opinion

2004-1199 N C.

Decided September 16, 2005.

Appeal from a judgment of the District Court of Nassau County, Second District (Steven M. Jaeger, J.), entered March 30, 2004. The judgment, after a nonjury trial, dismissed the action.

Judgment unanimously affirmed without costs.

PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.


Plaintiff brought the instant small claims action to recover for damage to his vehicles which, he alleged, was done by Department of Sanitation employees during the course of sanitation collection. Our review is limited to determining whether substantial justice was done "according to the rules and principles of substantive law" (UDCA 1807). In our opinion, the trial court's resolutions of the issues do not warrant reversal. Moreover, particularly in the context of small claims cases, the decision of the fact-finding court is entitled to deference on appeal where, as here, it rests in large measure on considerations involving the credibility of witnesses ( see Williams v. Roper, 269 AD2d 125).


Summaries of

Tricarico v. Dept. of Sanitation Town of Hempstead

Appellate Term of the Supreme Court of New York, Second Department
Sep 16, 2005
2005 N.Y. Slip Op. 51475 (N.Y. App. Term 2005)
Case details for

Tricarico v. Dept. of Sanitation Town of Hempstead

Case Details

Full title:JOHN JAMES TRICARICO, Appellant, v. DEPARTMENT OF SANITATION TOWN OF…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Sep 16, 2005

Citations

2005 N.Y. Slip Op. 51475 (N.Y. App. Term 2005)
806 N.Y.S.2d 449