Opinion
No. 2010-961 K C.
Decided April 26, 2011.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Sylvia G. Ash, J.), entered November 25, 2009. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,000.
ORDERED that the judgment is affirmed, without costs.
PRESENT: PESCE, P.J., WESTON and GOLIA, JJ.
Plaintiff commenced this small claims action to recover the sum of $5,000 for brokering services it had rendered to defendant. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $3,000. 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 (CCA 1804, 1807; see Ross v Friedman, 269 AD2d 584; Williams v Roper, 269 AD2d 125, 126). 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 AD2d 544). This standard applies with greater force to judgments rendered in the Small Claims Part of the court ( see Williams, 269 AD2d at 126). Furthermore, the determination of the 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 the credibility of the witnesses ( see Vizzari v State of New York, 184 AD2d 564; Kincade v Kincade, 178 AD2d 510, 511). As we find that the record supports the trial court's conclusions, the judgment is affirmed.
Pesce, P.J., Weston and Golia, JJ., concur.