Opinion
2004-82 N C.
Decided November 19, 2004.
Appeal by defendant from a small claims judgment of the District Court, Nassau County (S. Kluewer, J.), entered August 15, 2003, awarding plaintiff the principal sum of $910.
Judgment unanimously affirmed without costs.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
Substantial justice was done between the parties in this small claims action for money due in accordance with the rules and principles of substantive law (UDCA 1804, 1807). On the record before this court, the credibility determinations and award of the court below are supported by a fair interpretation of the evidence, and thus will not be disturbed upon appeal ( Jones v. Hart, 233 AD2d 297; see also DiSalvo v. Ordway, 208 AD2d 798). It must be noted that defendant herself testified that she owed money to plaintiff upon a $2,000 loan, and the parties differed only over the amount.
On appeal, defendant argues that she does not owe plaintiff any money and seeks to introduce new evidence of further payments. Said evidence, produced for the first time on appeal, may not be considered at this stage of the proceedings ( see Matter of ELRAC, Inc. v. Edwards, 270 AD2d 414; Dolson v. DiPietro, 251 AD2d 535). Defendant's remedy, if she is so advised, is to move in the court below to vacate the judgment and for a new trial on the ground of newly discovered evidence, explaining the circumstances of its discovery and why it could not have been introduced at the trial ( see CPLR 5015 [a] [2]).