Opinion
2004-2 SC.
Decided October 21, 2004.
Appeal by defendant from a small claims judgment of the District Court, Suffolk County (P. Hensley, J.), entered on August 28, 2002, awarding plaintiff the principal sum of $2,000 and dismissing the counterclaim.
Judgment unanimously affirmed without costs.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
In this small claims action seeking to recover the down payment paid to defendant for the purchase of an automobile, we find that substantial justice was done between the parties in accordance with the rules and principles of substantive law (UDCA 1807). The issue presented concerning the return of the vehicle is one of credibility which should not be disturbed on appeal ( Jones v. Hart, 233 AD2d 297).