Opinion
No. 2011–1138 WC.
2012-03-28
Laura SMITH, Appellant, v. Bruce SARNO and Curry Acura, Respondents.
PRESENT: LaCAVA, J.P., MOLIA and IANNACCI, JJ.
Appeal from a judgment of the City Court of Yonkers, Westchester County (Robert C. Cerrato, J.), entered December 3, 2010. 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 for an alleged overcharge in her purchase of an automobile and for damage to the automobile. After a nonjury trial, the City Court dismissed the action, finding that plaintiff had failed to make out a prima facie case. 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] ). This standard 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). Furthermore, the determination of a 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 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] ). As the record supports the trial court's determination, we find no reason to disturb the judgment.
Accordingly, the judgment is affirmed.
LaCAVA, J.P., MOLIA and IANNACCI, JJ., concur.