Opinion
2014-2289 Q C
12-09-2015
PRESENT: :
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered March 20, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $761.25.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the principal sum of $761.25 to reimburse her for the cost of repairs to her apartment. Following a nonjury trial, the Civil Court awarded plaintiff the principal sum of $761.25.
In a small claims action, this court's 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 AD2d 584 [2000]; Williams v Roper, 269 AD2d 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 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 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 AD2d at 126).
Upon a review of the record, we are satisfied that the judgment provided the parties with substantial justice. Accordingly, the judgment is affirmed.
Solomon, J.P., Weston and Elliot, JJ., concur.
Decision Date: December 09, 2015