Opinion
No. 2014–478 Q C.
10-19-2015
XIU JIAN SUN, Appellant, v. Yuk Y. FUNG, Respondent.
Opinion
Appeal from a judgment of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered January 28, 2014. The judgment, after a nonjury trial, dismissed the complaint.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this breach of contract action to recover the sum of $19,200 for failure to pay wages. After a nonjury trial, the Civil Court dismissed the complaint.
In reviewing a determination made after a nonjury trial, this court's power is as broad as that of the trial court, and it may render the judgment it finds warranted by the facts, bearing in mind that 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 Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 N.Y.2d 492, 499 1983; Hamilton v. Blackwood, 85 AD3d 1116 2011; Zeltser v. Sacerdote, 52 AD3d 824, 826 2008; D'Elia v. 58–35 Utopia Parkway Corp., 43 AD3d 976, 977–978 2007 ). Upon a review of the record, we find that the Civil Court properly concluded that plaintiff failed to produce evidence sufficient to prove his case. As the record supports the trial court's determination, we find no reason to disturb the judgment.
Accordingly, the judgment is affirmed.
PESCE, P.J., ALLIOTA and SOLOMON, JJ., concur.