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Fabara v. Today's Auto Repair

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
Jun 28, 2018
60 Misc. 3d 134 (N.Y. App. Term 2018)

Opinion

2017-684 N C

06-28-2018

Jaime E. FABARA, Appellant, v. TODAY'S AUTO REPAIR, Respondent.

Jaime E. Fabara, appellant pro se. Today's Auto Repair, respondent pro se (no brief filed).


Jaime E. Fabara, appellant pro se.

Today's Auto Repair, respondent pro se (no brief filed).

PRESENT: TERRY JANE RUDERMAN, J.P., BRUCE E. TOLBERT, JAMES V. BRANDS, JJ.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the sum of $3,700 for defendant's allegedly "unnecessary repairs" on a vehicle which plaintiff had purchased from defendant. After a nonjury trial, the District Court dismissed the action.

In a small claims action, our review is limited to a determination of whether "substantial justice has ... been done between the parties according to the rules and principles of substantive law" ( UDCA 1807 ; see UDCA 1804 ; Ross v. Friedman , 269 AD2d 584 [2000] ; Williams v. Roper , 269 AD2d 125 [2000] ). 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 AD2d 564 [1992] ; Kincade v. Kincade , 178 AD2d 510, 511 [1991] ). This deference applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v. Roper , 269 AD2d at 126 ). Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (see UDCA 1804, 1807 ).

Accordingly, the judgment is affirmed.

RUDERMAN, J.P., TOLBERT and BRANDS, JJ., concur.


Summaries of

Fabara v. Today's Auto Repair

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
Jun 28, 2018
60 Misc. 3d 134 (N.Y. App. Term 2018)
Case details for

Fabara v. Today's Auto Repair

Case Details

Full title:Jaime E. Fabara, Appellant, v. Today's Auto Repair, Respondent.

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

Date published: Jun 28, 2018

Citations

60 Misc. 3d 134 (N.Y. App. Term 2018)
2018 N.Y. Slip Op. 51047
110 N.Y.S.3d 196