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Kislowski v. Bombria

Appellate Term of the Supreme Court of New York, Second Department
May 24, 2011
2011 N.Y. Slip Op. 50986 (N.Y. App. Term 2011)

Opinion

2010-1268 N C.

Decided May 24, 2011.

Appeal from a judgment of the District Court of Nassau County, First District (Teresa Ferrell, J.), entered August 13, 2009. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

PRESENT: NICOLAI, P.J., MOLIA and IANNACCI, JJ.


In this small claims action to recover unpaid rents, the District Court, after a nonjury trial, dismissed the action. Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law ( see UDCA 1804, 1807; Ross v Friedman, 269 AD2d 584; Williams v Roper, 269 AD2d 125, 126).

The decision of a fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence ( see Claridge Gardens v Menotti, 160 AD2d 544). This standard applies with greater force to judgments rendered in the Small Claims Part of the court ( see Williams v Roper, 269 AD2d at 126). Furthermore, the determination of the trier of fact as to issues of credibility is given substantial deference, as the 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 AD2d 564; Kincade v Kincade, 178 AD2d 510, 511). We find that the record supports the District Court's conclusions and, accordingly, find no reason to disturb the judgment.

Nicolai, P.J., Molia and Iannacci, JJ., concur.


Summaries of

Kislowski v. Bombria

Appellate Term of the Supreme Court of New York, Second Department
May 24, 2011
2011 N.Y. Slip Op. 50986 (N.Y. App. Term 2011)
Case details for

Kislowski v. Bombria

Case Details

Full title:MITCHELL KISLOWSKI, Appellant, v. ALAN BOMBRIA and SHERRY BOMBRIA…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: May 24, 2011

Citations

2011 N.Y. Slip Op. 50986 (N.Y. App. Term 2011)