New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
March 6, 2012
RHONDA BOLTAX, APPELLANT.
Appeal from a judgment of the District Court of Nassau County, Third District (Gary Franklin Knobel, J.), entered June 23, 2010.
Ahmed v Boltax
Decided on March 6, 2012
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ
The judgment, insofar as appealed from, after a non-jury trial, awarded plaintiff the principal sum of $110.
ORDERED that the judgment, insofar as appealed from, is affirmed, without costs.
Plaintiff commenced this small claims action to recover for defendant's alleged breach of a contract to sell her playground set. As limited by her brief, defendant appeals from so much of a District Court judgment as, after a non-jury trial, awarded plaintiff the principal sum of $110. 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 (UDCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 ; Williams v Roper, 269 AD2d 125, 126 ).
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 AD2d 544 ). This standard applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v Roper, 269 AD2d 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 AD2d 564 ; Kincade v Kincade, 178 AD2d 510, 511 ). As the record supports the trial court's determination, we find no reason to disturb the judgment, insofar as appealed from.
Nicolai, P.J., LaCava and Iannacci, JJ., concur. Decision Date: March 06, 2012
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