Opinion
No. 2013–1607ORC.
01-15-2015
Martin GOLDBERG, Respondent, v. Robert KRAMER, Appellant.
Opinion
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the sum of $1,000 for services he had rendered in the preparation of defendant's tax returns for 2005, 2006, 2007, 2008 and 2009. Defendant interposed a counterclaim to recover the sum of $3,000, alleging that plaintiff had committed fraud. After a nonjury trial, the Justice Court awarded plaintiff the sum of $1,000, and implicitly dismissed the counterclaim.
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” (UJCA 1807 ; see UJCA 1804 ; Ross v. Friedman, 269 A.D.2d 584 [2000] ; Williams v. Roper, 269 A.D.2d 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 A.D.2d 564 [1992] ; Kincade v. Kincade, 178 A.D.2d 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 A.D.2d at 126 ). As the judgment in this case provided the parties with substantial justice (see UJCA 1804, 1807 ), the judgment is affirmed.
We note that defendant's contention regarding recusal is not preserved for appellate review.
TOLBERT, J.P., IANNACCI and GARGUILO, JJ., concur.