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Rasolli Footwear Corp. v. Raphael of Green Acres, Inc.

Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.
Jun 13, 2014
44 Misc. 3d 128 (N.Y. App. Term 2014)

Opinion

No. 2013–1010 N C.

2014-06-13

RASOLLI FOOTWEAR CORP., Respondent, v. RAPHAEL OF GREEN ACRES, INC., Appellant.


Present: IANNACCI, J.P., MARANO and GARGUILO, JJ.

Appeal from a judgment of the District Court of Nassau County, Second District (Gary Franklin Knobel, J.), entered January 30, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,338.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this commercial claims action to recover for goods sold and delivered to defendant for which defendant had not paid. After a nonjury trial, the District Court awarded plaintiff the principal sum of $2,338. Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law ( see UDCA 1804–A, 1807–A; Ross v. Friedman, 269 A.D.2d 584 [2000]; Williams v. Roper, 269 A.D.2d 125 [2000] ).

The decision of a 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 A.D.2d 544 [1990] ). 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] ). This standard applies with greater force to judgments rendered in the Commercial Claims Part of the court ( see Williams v. Roper, 269 A.D.2d at 126, 703 N.Y.S.2d 77). As the record supports the District Court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

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


Summaries of

Rasolli Footwear Corp. v. Raphael of Green Acres, Inc.

Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.
Jun 13, 2014
44 Misc. 3d 128 (N.Y. App. Term 2014)
Case details for

Rasolli Footwear Corp. v. Raphael of Green Acres, Inc.

Case Details

Full title:RASOLLI FOOTWEAR CORP., Respondent, v. RAPHAEL OF GREEN ACRES, INC.…

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

Date published: Jun 13, 2014

Citations

44 Misc. 3d 128 (N.Y. App. Term 2014)
2014 N.Y. Slip Op. 50980
993 N.Y.S.2d 646