Opinion
2006-1628 OR C.
Decided January 3, 2008.
Appeal from a judgment of the Justice Court of the Town of Wallkill, Orange County (Ray Shoemaker, J.), entered February 17, 2006. The judgment, after a nonjury trial, dismissed the action.
Judgment affirmed without costs.
RUDOLPH, P.J., LaCAVA and SCHEINKMAN, JJ.
In this small claims action, plaintiff sought to recover an alleged overpayment of wages and accounting fees. On appeal, plaintiff contends that the return is inadequate. However, plaintiff failed to make a motion seeking to correct the return before submitting the appeal. The Justice's return is conclusive upon this court, and plaintiff's contention with respect thereto is unpreserved for appellate review ( see Browne v Leino, 6 Misc 3d 131 [A], 2005 NY Slip Op 50079[U] [App Term, 9th 10th Jud Dists 2005]; Workman v Bolen, 67 Misc 2d 957).
Upon a review of the record, we find the evidence adduced at trial established that there were no overpayments made to defendant based on the $13 hourly wage paid to her. The issue presented to the court below was one of credibility which was determined by the trier of fact which had the opportunity to observe and evaluate the testimony and demeanor of the witnesses ( see Claridge Gardens v Menotti, 160 AD2d 544). The court's 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 ( Claridge Gardens v Menotti, 160 AD2d 544, supra). The deference accorded to a trial court's credibility determinations applies with even greater force to judgments rendered in small claims cases, given the limited standard of review ( see UJCA 1807; Williams v Roper, 269 AD2d 125). In view of the foregoing, the judgment dismissing the action should be affirmed.
Rudolph, P.J., LaCava and Scheinkman, JJ., concur.