Opinion
No. 2013–179 Q C.
2014-06-13
ELBIN REALTY CO., LLC, Respondent, v. Akhtar SHEIKH, Appellant.
Present: WESTON, J.P., ALIOTTA and SOLOMON, JJ.
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Joseph E. Capella, J.), entered October 4, 2012. The judgment, after a nonjury trial, entered pursuant to a decision of the same court dated August 6, 2012, awarded plaintiff the principal sum of $2,550 and implicitly dismissed the counterclaim.
ORDERED that, on the court's own motion, defendant's notice of appeal from the decision dated August 6, 2012 is deemed a premature notice of appeal from the judgment entered October 4, 2012 ( see CPLR 5520[c] ); and it is further,
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this action to recover, among other things, use and occupancy in the principal sum of $5,100, which allegedly accrued during a holdover period. Defendant counterclaimed to recover the sum of $25,000 for property damage and, in effect, sought a rent setoff based on a breach of the warranty of habitability. After a nonjury trial, the Civil Court implicitly dismissed the counterclaim and awarded plaintiff the principal sum of $2,550.
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 [1991] ). As the record supports the Civil Court's determination, we find no reason to disturb the judgment.
Accordingly, the judgment is affirmed.