Opinion
No. 2014–590 K C.
04-16-2015
Zalmai KABIRI, Respondent, v. Georgiy GAVRILOV, Appellant.
Opinion
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover $5,000, representing rent allegedly owed by defendant. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $4,647.
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 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 CCA 1804, 1807 ), the judgment is affirmed.
PESCE, P.J., WESTON and ALIOTTA, JJ., concur