Opinion
2003-1381 NC.
Decided June 7, 2004.
Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (S. Jaeger, J.), entered May 2, 2003, dismissing the action after trial.
Judgment unanimously affirmed without costs.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
Substantial justice was done between the parties in this small claims action (UDCA 1804, 1807). In support of his contention that part of his salary earned during his employment with defendant as a teacher was deferred to cover salary payments to be made in the summer months, plaintiff offered only his own unsubstantiated assertions. He presented no other evidence that defendant defers any part of a teacher's salary to the summer months, as opposed to paying a salary for a one-year period running from September 1 to August 31, and did not offer evidence, beyond his own assertion, to rebut the testimony of several of defendant's representatives that defendant's practice was to pay teachers a salary for a 12-month period rather than for a 9-month academic term. A credibility issue was presented in this matter, and the court as trier of fact resolved this issue in favor of defendant. Its determination is supported by a fair interpretation of the evidence, and will not be disturbed upon appeal ( Jones v. Hart, 233 AD2d 297; see also DiSalvo v. Ordway, 208 AD2d 798).