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Tupler v. Rosenbaum

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Jan 19, 2018
58 Misc. 3d 151 (N.Y. App. Term 2018)

Opinion

2016–1762 K C

01-19-2018

Julie A. TUPLER, Appellant, v. Etty ROSENBAUM, Respondent.

Julie A. Tupler, appellant pro se. Etty Rosenbaum, respondent pro se (no brief filed).


Julie A. Tupler, appellant pro se.

Etty Rosenbaum, respondent pro se (no brief filed).

PRESENT: DAVID ELLIOT, J.P., MICHAEL L. PESCE, THOMAS P. ALIOTTA, JJ

ORDERED that the judgment is affirmed, without costs.

In this small claims action, plaintiff seeks to recover the sum of $3,500, alleging that she had entered into a two-year, nonseverable licensing agreement with defendant and that defendant had breached that agreement. After a nonjury trial, the Civil Court dismissed the action.

In a small claims action, our review is limited to a determination of whether "substantial justice has ... been done between the parties according to the rules and principles of substantive law" ( CCA 1807 ; see CCA 1804 ; Ross v. Friedman , 269 AD2d 584 [2000] ; Williams v. Roper , 269 AD2d 125, 126 [2000] ). Furthermore, 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 Vizzari v. State of New York , 184 AD2d 564 [1992] ; Kincade v. Kincade , 178 AD2d 510, 511 [1991] ). This deference applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v. Roper , 269 AD2d at 126 ).

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 ( CCA 1804, 1807 ).

Accordingly, the judgment is affirmed.

ELLIOT, J.P., PESCE and ALIOTTA, JJ., concur.


Summaries of

Tupler v. Rosenbaum

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Jan 19, 2018
58 Misc. 3d 151 (N.Y. App. Term 2018)
Case details for

Tupler v. Rosenbaum

Case Details

Full title:Julie A. Tupler, Appellant, v. Etty Rosenbaum, Respondent.

Court:SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Jan 19, 2018

Citations

58 Misc. 3d 151 (N.Y. App. Term 2018)
2018 N.Y. Slip Op. 50096
94 N.Y.S.3d 541