Opinion
No. 2016–471 RO C.
05-23-2017
Niraj PATEL, Appellant, v. NEW HOLLAND VILLAGE CONDO ASSOCIATION, Respondent.
Niraj Patel, appellant pro se. Warren P. Kossin, Esq., for respondent.
Niraj Patel, appellant pro se.
Warren P. Kossin, Esq., for respondent.
Present: ANGELA G. IANNACCI, J.P., BRUCE E. TOLBERT, JAMES V. BRANDS, JJ.
Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County (Scott B. Ugell, J.), entered October 13, 2015. The judgment, after a nonjury trial, dismissed the action.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the sum of $2,988.88, representing, among other things, the cost of replacing a thermostat on his dryer on two occasions, and the replacement of the dryer. After a nonjury trial, the Justice Court dismissed the action.
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 [2000] ). 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 court's determination is supported by the record and provides the parties with substantial justice (see UJCA 1804, 1807 ), the judgment is affirmed.
IANNACCI, J.P., TOLBERT and BRANDS, JJ., concur.