Opinion
No. 2015–2926 OR C.
09-28-2017
Mark MEYERS, Respondent, v. Steven M. LEVINE, Doing Business as Levine Garage, Appellant.
Steven M. Levine, appellant pro se. Mark Meyers, respondent pro se.
Steven M. Levine, appellant pro se.
Mark Meyers, respondent pro se.
Present: BRUCE E. TOLBERT, J.P., JERRY GARGUILO, JAMES V. BRANDS, JJ.
ORDERED that the judgment is affirmed, without costs.
In this small claims action, plaintiff seeks to recover damages incurred as the result of defendant's allegedly defective repair of plaintiff's vehicle. After a nonjury trial, the Justice Court awarded plaintiff the principal sum of $330.16.
In a small claims action, our review is limited to a determination of whether "substantial justice has ... been done between the parties according to the rules and principles of substantive law" ( UJCA 1807 ; see UJCA 1804 ; Ross v. Friedman, 269 A.D.2d 584 [2000] ; Williams v. Roper, 269 A.D.2d 125, 126 [2000] ). Furthermore, the determination of a trier of fact as to issues of credibility is given substantial deference, as a trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Vizzari v. State of New York, 184 A.D.2d 564 [1992] ; Kincade v. Kincade, 178 A.D.2d 510, 511 [1991] ). This deference applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v. Roper, 269 A.D.2d at 126 ).
As the Justice Court's determination is supported by the record and provides the parties with substantial justice (see UJCA 1804, 1807 ), the judgment is affirmed.
TOLBERT, J.P., GARGUILO and BRANDS, JJ., concur.