Opinion
No. 2011–2534 D C.
2013-04-4
Marcia ROBINSON, Appellant, v. Daniel J. AMONE, Respondent.
Present: IANNACCI, J.P., MARANO and TOLBERT, JJ.
Appeal from a judgment of the City Court of Poughkeepsie, Dutchess County (Frank Mora, J.), entered October 18, 2011. 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 her security deposit and all rent monies paid to defendant, her former landlord. After a nonjury trial, at which plaintiff argued that defendant had breached the warranty of habitability, the court dismissed the action. 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 (UCCA 1804, 1807; see Ross v. Friedman, 269 A.D.2d 584 [2000];Williams v. Roper, 269 A.D.2d 125, 126 [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] ). Moreover, 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 Small Claims Part of the court ( see Williams, 269 A.D.2d at 126).
Accordingly, the judgment is affirmed.