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Augustine V. Mallamace, Respondent v. Eastern Sunrise Car Wash

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


March 6, 2012

AUGUSTINE V. MALLAMACE, RESPONDENT, --
v.
EASTERN SUNRISE CAR WASH, INC., APPELLANT.

Appeal from a judgment of the District Court of Nassau County, Second District (Norman Janowitz, J.), entered July 8, 2010.

Mallamace v Eastern Sunrise Car Wash, Inc.

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 6, 2012

PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ

The judgment, after a non-jury trial, awarded plaintiff the principal sum of $2,148.59.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover for property damage to his automobile caused by defendant's car wash. After a non-jury trial, the District Court awarded plaintiff the principal sum of $2,148.59. 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 determinations, we find no reason to disturb the judgment.

We note that, contrary to defendant's contention, no counterclaim was properly interposed in this action.

Accordingly, the judgment is affirmed.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.

Decision Date: March 06, 2012

20120306

© 1992-2012 VersusLaw Inc.



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