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O'LEARY v. JUA BAE CHOI

Appellate Term of the Supreme Court of New York, Second Department
Nov 7, 2008
2008 N.Y. Slip Op. 52300 (N.Y. App. Term 2008)

Opinion

2007-1559 W C.

Decided November 7, 2008.

Appeal from a judgment of the City Court of Yonkers, Westchester County (Arthur J. Doran, III, J.), entered January 30, 2007. The judgment, after a nonjury trial, awarded plaintiffs the principal sum of $5,000.

Judgment affirmed without costs.

PRESENT: RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ.


In this small claims action, plaintiffs seek to recover for, among other things, property damage caused by defendants to an apartment in which defendants had resided for several years. The court below found that plaintiffs had established their claim based upon the credible evidence presented at trial.

The trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UCCA 1804, 1807; see Ross v Friedman, 269 AD2d 584; Williams v Roper, 269 AD2d 125, 126).

The decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence ( see Claridge Gardens v Menotti, 160 AD2d 544). This standard applies with greater force to judgments rendered in the Small Claims Part of the court ( see Williams, 269 AD2d at 126). Furthermore, the determination of the trier of fact as to issues of credibility is given substantial deference on appeal as the court had the opportunity to observe 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, 511). We find that the record amply supports the trial court's conclusions and, accordingly, there is no reason to disturb the judgment.

Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.


Summaries of

O'LEARY v. JUA BAE CHOI

Appellate Term of the Supreme Court of New York, Second Department
Nov 7, 2008
2008 N.Y. Slip Op. 52300 (N.Y. App. Term 2008)
Case details for

O'LEARY v. JUA BAE CHOI

Case Details

Full title:STEPHEN O'LEARY and TIMOTHY FINNERAN, Respondents, v. JUA BAE CHOI and HAE…

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

Date published: Nov 7, 2008

Citations

2008 N.Y. Slip Op. 52300 (N.Y. App. Term 2008)