Opinion
2009-180 K C.
Decided December 1, 2009.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Margaret A. Chan, J.), entered April 7, 2008. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,900 and dismissed defendants' counterclaim.
ORDERED that the judgment is affirmed without costs.
PRESENT: WESTON, J.P., RIOS and STEINHARDT, JJ.
Plaintiff, defendants' former tenant, commenced the instant small claims action to recover damages based upon defendants' breach of a lease entered into between the parties. Defendants interposed counterclaims based upon plaintiff's alleged breach of the lease.
Resolution of the issues presented herein hinged upon a determination of the credibility of the witnesses. The determination as to credibility is for the trier of fact, as it had the opportunity to observe and evaluate the testimony and demeanor of the witnesses ( see McGuirk v Mugs Pub, 250 AD2d 824; Richard's Home Ctr. Lbr. v Kraft, 199 AD2d 254; Claridge Gardens v Menotti, 160 AD2d 544), and its decision should not be disturbed on appeal unless it is obvious that it could not have been reached under any fair interpretation of the evidence ( see Claridge Gardens, 160 AD2d 544). The deference accorded to a trial court's credibility determinations applies with even greater force to judgments rendered in the Small Claims Part of the court given the limited standard of review (CCA 1807; see Williams v Roper, 269 AD2d 125, 126). A review of the record on appeal establishes that the trial court's resolution of the issue of credibility in favor of plaintiff was based on a fair interpretation of the evidence.
We note that the statement in lieu of transcript was sufficient to permit proper appellate review ( see CPLR 5525 [d]).
Accordingly, the judgment in favor of plaintiff is affirmed as it rendered substantial justice between the parties in accordance with the rules and principles of substantive law ( see CCA 1804, 1807).
Weston, J.P., Rios and Steinhardt, JJ., concur.