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Pumarejo v. Weissberg

Supreme Court, Appellate Term, Second Department, 9 and 10 Judicial Dist.
Dec 2, 2015
2015 N.Y. Slip Op. 51784 (N.Y. App. Term 2015)

Opinion

No. 2014–901SC.

12-02-2015

Jesus PUMAREJO Doing Business as P.J. Electric, Respondent, v. Carmen WEISSBERG, Appellant.


Appeal from a judgment of the District Court of Suffolk County, Second District (David A. Morris, J.), entered September 20, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,000.

ORDERED that the judgment is affirmed, without costs.

In this small claims action, plaintiff alleges, among other things, that he completed electrical work which defendant had hired him to perform, but defendant failed to pay him for his services. Following a nonjury trial, the District Court awarded plaintiff the principal sum of $3,000.

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” (UDCA 1807 ; see UDCA 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 record supports the District Court's determination, we find that the judgment rendered substantial justice between the parties according to the rules and principles of substantive law (see UDCA 1804, 1807 ). Accordingly, the judgment is affirmed.

MARANO, P.J., GARGUILO and CONNOLLY, JJ., concur.


Summaries of

Pumarejo v. Weissberg

Supreme Court, Appellate Term, Second Department, 9 and 10 Judicial Dist.
Dec 2, 2015
2015 N.Y. Slip Op. 51784 (N.Y. App. Term 2015)
Case details for

Pumarejo v. Weissberg

Case Details

Full title:Jesus PUMAREJO Doing Business as P.J. Electric, Respondent, v. Carmen…

Court:Supreme Court, Appellate Term, Second Department, 9 and 10 Judicial Dist.

Date published: Dec 2, 2015

Citations

2015 N.Y. Slip Op. 51784 (N.Y. App. Term 2015)
29 N.Y.S.3d 849