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Nida Ahmed v. Rhonda Boltax

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


March 6, 2012

NIDA AHMED,
RESPONDENT,
v.
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This opinion is uncorrected and will not be published in the printed Official Reports.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 [2000]; Williams v Roper, 269 AD2d 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 AD2d 544 [1990]). 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 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). 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

20120306

© 1992-2012 VersusLaw Inc.



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