From Casetext: Smarter Legal Research

Levine v. Cunningham

Appellate Term of the Supreme Court of New York, Second Department
Oct 20, 2004
2004 N.Y. Slip Op. 51248 (N.Y. App. Term 2004)

Opinion

2003-1493 QC.

Decided October 20, 2004.

Appeal by plaintiff from a small claims judgment of the Civil Court, Queens County (A. Gazzara, J.), dated April 8, 2003, in favor of defendant dismissing the action.

Judgment unanimously affirmed without costs.

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.


In this small claims action to recover damages for assault and battery, we find that the trial court's determination in favor of defendant on issues of credibility provided the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v. Friedman, 269 AD2d 584; Williams v. Roper, 269 AD2d 125, 126). Furthermore in a bench trial, the decision of the 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 Small Claims Court ( see Williams v. Roper, 269 AD2d at 126).


Summaries of

Levine v. Cunningham

Appellate Term of the Supreme Court of New York, Second Department
Oct 20, 2004
2004 N.Y. Slip Op. 51248 (N.Y. App. Term 2004)
Case details for

Levine v. Cunningham

Case Details

Full title:SEYMOUR LEVINE, Appellant, v. ROBERT CUNNINGHAM, Respondent

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

Date published: Oct 20, 2004

Citations

2004 N.Y. Slip Op. 51248 (N.Y. App. Term 2004)