Opinion
No. 2014–727 K C.
12-02-2015
Kamela PAYNE, Respondent, v. Beverly MILLER, Appellant.
Opinion
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover $2,610, representing a real estate commission allegedly owed to her by defendant. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $2,520.
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” (CCA 1807 ; see CCA 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 ). The judgment in this case rested in large part upon credibility determinations and, upon a review of the record, we find no basis to disturb the court's implicit findings.
As the judgment provided the parties with substantial justice (see CCA 1804, 1807 ), it is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.