From Casetext: Smarter Legal Research

Madison v. Continental Auto Care Inc.

Appellate Term of the Supreme Court of New York, Second Department
Feb 14, 2006
2006 N.Y. Slip Op. 50244 (N.Y. App. Term 2006)

Opinion

2005-186 RIC.

Decided February 14, 2006.

Appeal from a judgment of the Civil Court of the City of New York, Richmond County (Catherine M. DiDomenico, J.), entered January 24, 2005. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,505.

Judgment affirmed without costs.

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ


Plaintiff brought the instant small claims action based upon defendant's sale to him in 2004 of an allegedly defective 1996 Oldsmobile. Following trial, the court awarded plaintiff the sum of $2,505 upon a finding that the automobile sold to him by defendant never worked in a proper fashion.

A review of the record indicates that substantial justice was done between the parties in accordance with the rules and principles of substantive law (CCA 1807). The deference which an appellate court normally accords to a trial court's credibility determinations "applies with greater force to judgments rendered in the Small Claims Part" ( Williams v. Roper, 269 AD2d 125, 126). Moreover, a small claims judgment may not be reversed absent a showing that there is no support in the record for the court's conclusions, or that the court's determination is otherwise so clearly erroneous as to deny substantial justice ( see Forte v. Bielecki 118 AD2d 620; see also Blair v. Five Points Shopping Plaza, 51 AD2d 167).

Pesce, P.J., Golia and Rios, JJ., concur.


Summaries of

Madison v. Continental Auto Care Inc.

Appellate Term of the Supreme Court of New York, Second Department
Feb 14, 2006
2006 N.Y. Slip Op. 50244 (N.Y. App. Term 2006)
Case details for

Madison v. Continental Auto Care Inc.

Case Details

Full title:GARY MADISON, Respondent, v. CONTINENTAL AUTO CARE INC., Appellant

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

Date published: Feb 14, 2006

Citations

2006 N.Y. Slip Op. 50244 (N.Y. App. Term 2006)
815 N.Y.S.2d 494