Opinion
Decided December 1, 2005.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, Bronx County (Maryann Brigantti-Hughes, J.), entered on or about February 24, 2004, after trial, in favor of defendant dismissing the action. Defendant cross-appeals from so much of the aforesaid judgment as dismissed its counterclaim.
Judgment entered on or about February 24, 2004 (Maryann Brigantti-Hughes, J.), affirmed, without costs.
PRESENT: SUAREZ, P.J., DAVIS, GANGEL-JACOB, JJ.
Plaintiff commenced this small claims action based upon defendant's failure to pay for work performed on three automobile transmissions immediately prior to plaintiff's sale of its automotive repair business. Defendant presented credible evidence, including the testimony of one of plaintiff's former employees and of a principal of the new automobile repair company, that plaintiff failed to properly repair defendant's transmissions. The record and the ends of "substantial justice" (CCA 1807) support the post-trial dismissal of plaintiff's action. Particularly in the context of small claims cases, the decision of the fact-finding court is entitled to deference where it rests in large measure on considerations relating to the credibility of witnesses ( see Williams v. Roper, 269 AD2d 125, lv dismissed 95 NY2d 898).
Defendant's cross appeal, not having been briefed, is deemed abandoned.
This constitutes the decision and order of the court.