Opinion
2007-434 S C.
Decided March 5, 2008.
Appeal from a judgment of the District Court of Suffolk County, Sixth District (Glenn A. Murphy, J.), entered on November 17, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,065.50.
Judgment affirmed without costs.
PRESENT: McCABE, J.P., TANENBAUM and MOLIA, JJ.
In this commercial claims action, plaintiff sought to recover $4,065.50, representing the balance allegedly due under a contract for the installation of wood flooring in defendants' home. After a nonjury trial, the court below awarded plaintiff the sum sought. This appeal by defendants ensued.
The resolution of issues of credibility is for the trier of fact as it had the opportunity to observe and evaluate the testimony and demeanor of the witnesses ( see McGuirk v Mugs Pub, 250 AD2d 824; Richard's Home Ctr. Lbr. v Kraft, 199 AD2d 254; Claridge Gardens v Menotti, 160 AD2d 544), and its decision should not be disturbed on appeal unless it is obvious that said determination could not have been reached under any fair interpretation of the evidence ( see Claridge Gardens v Menotti, 160 AD2d 544, supra). The deference accorded to a trial court's credibility determinations applies with even greater force to judgments rendered in the Small Claims Part or the Commercial Claims Part of the District Court given the limited standard of review ( see UDCA 1807, 1807-A; Williams v Roper, 269 AD2d 125, 126). A review of the record on appeal indicates there was sufficient support in the record for the trial court's determination. Since "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (UDCA 1807-A), the judgment of the lower court is affirmed.
McCabe, J.P., Tanenbaum and Molia, JJ., concur.