Opinion
No. 2012–2761 K C.
2014-04-7
Carla PAUL–BROWN Doing Business as J & C Beauty Supplies Store, Respondent, v. Joshua GRAHAM Doing Business as T & G Beauty Supplies Store, Appellant.
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 A.D.2d 544 [1990] ). 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] ). The deference accorded to a trial court's credibility determinations applies with even greater force to judgments rendered in the Small Claims Part of the court given the limited standard of review ( see CCA 1804, 1807; Williams v. Roper, 269 A.D.2d at 126). As there is support in the record for the Civil Court's conclusions that plaintiff had established the balance owed and that defendant had failed to prove his counterclaim, the judgment is affirmed.