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ROMANO v. MOCK

Appellate Term of the Supreme Court of New York, Second Department
Jun 28, 2011
2011 N.Y. Slip Op. 51220 (N.Y. App. Term 2011)

Opinion

2010-37 RO C.

Decided June 28, 2011.

Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County (Howard Gerber, J.), entered November 2, 2009. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,000.

ORDERED that the judgment is affirmed, without costs.

PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ.


Plaintiff commenced this small claims action to recover the sum of $2,000 for a loan defendant failed to repay. After a nonjury trial, the Justice Court awarded plaintiff the sum of $1,000. On appeal, defendant repeats his claim that the loan was made to his girlfriend, plaintiff's granddaughter, and not to him.

The determination of the trier of fact as to issues of credibility is given substantial deference, as the trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess the credibility of the witnesses ( see Vizzari v State of New York, 184 AD2d 564; Kincade v Kincade, 178 AD2d 510, 511). Upon a review of the record, we find no basis to disturb the Justice Court's credibility determination that plaintiff made the loan to defendant and to his granddaughter, Cristi Romano, each of whom is jointly and severally liable for the loan. Based on the totality of the testimony, we agree with the court's findings that plaintiff and defendant intended to be bound to an oral contract and that there was a meeting of the minds ( see generally Aces Mech. Corp. v Cohen Bros. Realty Constr. Corp., 136 AD2d 503; Four Seasons Hotels v Vinnik, 127 AD2d 310). Consequently, defendant fails to establish that the judgment did not provide him with substantial justice according to the rules and principles of substantive law (UJCA 1804, 1807; see Ross v Friedman, 269 AD2d 584; Williams v Roper, 269 AD2d 125, 126). Accordingly, the judgment is affirmed.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.


Summaries of

ROMANO v. MOCK

Appellate Term of the Supreme Court of New York, Second Department
Jun 28, 2011
2011 N.Y. Slip Op. 51220 (N.Y. App. Term 2011)
Case details for

ROMANO v. MOCK

Case Details

Full title:CARMINE J. ROMANO, Respondent, v. CORY MOCK, Appellant

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jun 28, 2011

Citations

2011 N.Y. Slip Op. 51220 (N.Y. App. Term 2011)