Opinion
2009-697 S C.
Decided March 8, 2010.
Appeal from a judgment of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), entered July 8, 2008. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,600.
ORDERED that the judgment is affirmed without costs.
PRESENT: NICOLAI, P.J., TANENBAUM and MOLIA, JJ.
Plaintiff commenced the instant commercial claims action to recover for services performed for defendant in opposing a motion to vacate a deficiency judgment in an action defendant had brought to foreclose a mortgage. After a nonjury trial, the District Court awarded plaintiff the principal sum of $1,600. We find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (UDCA 1804-A, 1807-A; see Ross v Friedman, 269 AD2d 584; Williams v Roper, 269 AD2d 125).
The decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that its conclusions could not be reached under any fair interpretation of the evidence ( see Claridge Gardens v Menotti, 160 AD2d 544). The determination of the trier of fact as to issues of credibility is given substantial deference as the trial court has the opportunity to observe and evaluate the testimony and demeanor of the witnesses, thereby affording it a better perspective from which to evaluate the credibility of the witnesses ( see Vizzari v State of New York, 184 AD2d 564; Kincade v Kincade, 178 AD2d 510). The deference accorded to a trial court's credibility determinations applies with even greater force to judgments rendered in the Commercial Claims Part of the court given the limited standard of review ( see UDCA 1807-A; Williams, 269 AD2d at 126). Upon a review of the record, we find that it supports the trial court's conclusions that plaintiff rendered services on behalf of defendant at the request of defendant's counsel, and that plaintiff was entitled to reimbursement for said services.
Accordingly, there is no reason for this court to disturb the judgment.
Nicolai, P.J., and Tanenbaum, J., concur.
Molia, J., taking no part.