Opinion
2014-2656 K C
04-06-2016
Frank Finocchio, Appellant, v. Manuel A. Dominquez, Respondent.
PRESENT: :
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered August 14, 2014. The judgment, after a nonjury trial, dismissed the action.
ORDERED that the judgment is affirmed, without costs.
In this small claims action, plaintiff seeks to recover the principal sum of $2,800, alleging, among other things, that defendant improperly withheld property or money when he purchased a 2001 Hyundai motor vehicle from plaintiff without paying for it. Plaintiff further alleges that he loaned defendant money to pay for prescription drugs, and that defendant has not repaid the debt. After a nonjury trial, the Civil 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" (CCA 1807; see CCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [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). Here, the Civil Court credited defendant's version of the events, and we find no basis to disturb that determination.
As the judgment provided the parties with substantial justice (see CCA 1804, 1807), the judgment is affirmed.
Pesce, P.J., Weston and Solomon, JJ., concur. Decision Date: April 06, 2016