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Lobel v. Carroll

Appellate Term of the Supreme Court of New York, Second Department
Mar 1, 2011
2011 N.Y. Slip Op. 50322 (N.Y. App. Term 2011)

Opinion

2009-1865 D C.

Decided March 1, 2011.

Appeal from a judgment of the Justice Court of the Town of Amenia, Dutchess County (James J. Devine, J.), entered February 18, 2009. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

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


Plaintiff commenced this small claims action to recover for defendant's allegedly defective installation of a drainage system. After a nonjury trial, the Justice Court 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 (UJCA 1804, 1807; see 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 the credibility of the witnesses ( see Vizzari v State of New York, 184 AD2d 564; Kincade v Kincade, 178 AD2d 510, 511). As the record amply supports the Justice Court's determination, we find no reason to disturb the judgment.

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


Summaries of

Lobel v. Carroll

Appellate Term of the Supreme Court of New York, Second Department
Mar 1, 2011
2011 N.Y. Slip Op. 50322 (N.Y. App. Term 2011)
Case details for

Lobel v. Carroll

Case Details

Full title:SHELDON LOBEL, Appellant, v. STEVE M. CARROLL, Respondent

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

Date published: Mar 1, 2011

Citations

2011 N.Y. Slip Op. 50322 (N.Y. App. Term 2011)