Opinion
2008-283 N C.
Decided February 13, 2009.
Appeal from a judgment of the District Court of Nassau County, Third District (Edmund M. Dane, J.), entered March 12, 2007. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,656.60.
Judgment affirmed without costs.
PRESENT: RUDOLPH, P.J., TANENBAUM and LaCAVA, JJ.
Plaintiff commenced the instant small claims action to recover for landscaping services performed for defendant. After a nonjury trial at which both plaintiff and defendant testified, the court found in favor of plaintiff, and awarded him the amount which he claimed was due for the work performed.
Resolution of issues of credibility is for the trier of fact, since it had the opportunity to observe and evaluate the testimony and demeanor of the witnesses ( see McGuirk v Mugs Pub, 250 AD2d 824; Richard's Home Ctr. Lbr. v Kraft, 199 AD2d 254; Claridge Gardens v Menotti, 160 AD2d 544), and its decision should not be disturbed on appeal unless it is obvious that the decision could not have been reached upon any fair interpretation of the evidence ( see Claridge Gardens, 160 AD2d 544). 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 of the appellate court, i.e., to determine whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (UDCA 1807; see also Williams v Roper, 269 AD2d 125, 126). We find that the record supports the District Court's determination that plaintiff provided services at defendant's request and was entitled to recover the amount sought. Accordingly, the judgment is affirmed.
Rudolph, P.J., Tanenbaum and LaCava, JJ., concur.