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Dumitru v. Hays

Appellate Term of the Supreme Court of New York, Second Department
Jun 29, 2009
2009 N.Y. Slip Op. 51399 (N.Y. App. Term 2009)

Opinion

2008-1905 W C.

Decided June 29, 2009.

Appeal from a judgment of the City Court of Peekskill, Westchester County (Thomas R. Langan, J.), entered May 27, 2008. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

PRESENT: RUDOLPH, P.J., TANENBAUM and NICOLAI, JJ.


After a nonjury trial in this small claims action to recover for damages to plaintiff's vehicle, the City Court found in favor of defendant dismissing the action. Upon a review of the record, we find that the City Court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UCCA 1804, 1807; see Ross v Friedman, 269 AD2d 584; Williams v Roper, 269 AD2d 125, 126).

The decision of the 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 v Roper, 269 AD2d at 126). Furthermore, the determination of the trier of fact as to issues of credibility is given substantial deference as the court has the opportunity to observe and evaluate the testimony and demeanor of the witnesses, thereby affording the trial court a better perspective from which to evaluate the credibility of the witnesses ( see Vizzari v State of New York, 184 AD2d 564; Kincade v Kincade, 178 AD2d 510, 511). As the record supports the trial court's determination, we affirm the judgment.

Rudolph, P.J., Tanenbaum and Nicolai, JJ., concur.


Summaries of

Dumitru v. Hays

Appellate Term of the Supreme Court of New York, Second Department
Jun 29, 2009
2009 N.Y. Slip Op. 51399 (N.Y. App. Term 2009)
Case details for

Dumitru v. Hays

Case Details

Full title:LAURENTIU DUMITRU, Appellant, v. TIMOTHY HAYS, Respondent

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jun 29, 2009

Citations

2009 N.Y. Slip Op. 51399 (N.Y. App. Term 2009)
890 N.Y.S.2d 368