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McKenna v. Monge

Appellate Term of the Supreme Court of New York, Second Department
Mar 22, 2005
2005 N.Y. Slip Op. 50366 (N.Y. App. Term 2005)

Opinion

2004-703 PC.

Decided March 22, 2005.

Appeal by defendants from a small claims judgment of the Justice Court, Town of Patterson, Putnam County (R. Tricinelli, J.), entered April 1, 2004, awarding plaintiff the principal sum of $500.

Judgment unanimously affirmed without costs.

PRESENT: McCABE, P.J., ANGIOLILLO and COVELLO, JJ.


In this small claims action seeking return of a security deposit, substantial justice was done between the parties in accordance with the rules and principles of substantive law (UJCA 1804, 1807). The court's credibility determinations are entitled to great deference upon appeal, and defendants have failed to show that the record does not support the court's conclusions or that its conclusions are otherwise so clearly erroneous as to deny substantial justice ( see Brancato v. Brooks, 6 Misc 3d 127[A], 2004 NY Slip Op 51688[U] [App Term, 9th 10th Jud Dists]; see also Blair v. Five Points Shopping Plaza, 51 AD2d 167).


Summaries of

McKenna v. Monge

Appellate Term of the Supreme Court of New York, Second Department
Mar 22, 2005
2005 N.Y. Slip Op. 50366 (N.Y. App. Term 2005)
Case details for

McKenna v. Monge

Case Details

Full title:WENDY McKENNA, Respondent, v. JORGE MONGE and ROSIE MONGE, Appellants

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

Date published: Mar 22, 2005

Citations

2005 N.Y. Slip Op. 50366 (N.Y. App. Term 2005)