Opinion
2008-1589 K C.
Decided October 13, 2009.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Kenneth P. Sherman, J.), entered March 19, 2008. The judgment, after a nonjury trial, dismissed the action.
ORDERED that the judgment is affirmed without costs.
PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ.
Plaintiff commenced this small claims action to recover for property damage allegedly sustained due to the demolition of a wall on the border between her premises and defendant's. After a nonjury trial, the Civil Court dismissed the action finding, inter alia, that plaintiff had failed to sustain her burden of proof in establishing that the wall's demolition caused her damage.
The decision of the factfinder should not be disturbed on appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence ( Claridge Gardens v Menotti, 160 AD2d 544, 544-545; Levine v Cunningham , 5 Misc 3d 128[A], 2004 NY Slip Op 51248[U] [App Term, 2d 11th Jud Dists 2004]), and this standard applies with greater force to judgments rendered in the Small Claims Part of the court ( id.; Williams v Roper, 269 AD2d 125, 126). Upon our review of the record, we find that substantial justice has been done between the parties according to the rules and principles of substantive law ( see CCA 1804, 1807).
Accordingly, the judgment is affirmed.
Pesce, P.J., Golia and Steinhardt, JJ., concur.