From Casetext: Smarter Legal Research

Rotunda v. Debonis

Appellate Term of the Supreme Court of New York, Second Department
Jul 21, 2005
2005 N.Y. Slip Op. 51157 (N.Y. App. Term 2005)

Opinion

2004-1097 P C.

Decided July 21, 2005.

Appeal by defendant from a small claims judgment of the Justice Court, Town of Patterson, Putnam County (R. Tricinelli, J.), entered on April 19, 2004, awarding plaintiff the sum of $383.

Judgment unanimously affirmed without costs.

Before: PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.


In this small claims action which plaintiff commenced against the defendant to recover damages caused when defendant's car collided with plaintiff's car, the trial court properly rendered its judgment providing the parties 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). The decision of the 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 AD2d 544). This standard applies with greater force to judgments rendered in small claims court ( see Williams v. Roper, 269 AD2d at 126).

Furthermore, issues of credibility are given substantial deference as the court has the opportunity to observe and evaluate testimony and demeanor of the witnesses affording the trial court a better perspective from which to evaluate the credibility of the witnesses ( McGuirk v. Mugs Pub, 250 AD2d 824). The court properly resolved the question of credibility in favor of the plaintiff.


Summaries of

Rotunda v. Debonis

Appellate Term of the Supreme Court of New York, Second Department
Jul 21, 2005
2005 N.Y. Slip Op. 51157 (N.Y. App. Term 2005)
Case details for

Rotunda v. Debonis

Case Details

Full title:FRANK ROTUNDA, Respondent, v. WILLIAM J. DEBONIS, Appellant

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

Date published: Jul 21, 2005

Citations

2005 N.Y. Slip Op. 51157 (N.Y. App. Term 2005)