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Randy Langer and Veteran Electric v. Typhoon of New York

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


June 11, 2012

RANDY LANGER AND VETERAN ELECTRIC,
RESPONDENTS, --
v.
TYPHOON OF NEW YORK, INC. DOING BUSINESS AS FULL MOON RESTAURANT,
APPELLANT.

Appeal from a judgment of the City Court of White Plains, Westchester County (Brian Hansbury, J.), entered March 14, 2011.

Langer v Typhoon of N.Y., Inc.

Decided on June 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.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, after a non-jury trial, awarded plaintiffs the principal sum of $2,789.90 and dismissed defendant's counterclaim.

ORDERED that the judgment is affirmed, without costs.

Plaintiffs commenced this small claims action to recover the sum of $2,789.90, representing the balance due for electrical work performed at defendant's restaurant. Defendant interposed a counterclaim to recover the sum of $5,000, alleging that it had to pay other contractors to complete the work which plaintiffs were required to perform. After a non-jury trial, the City Court awarded plaintiffs the principal sum of $2,789.90 and dismissed defendant's counterclaim. 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 (UCCA 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 City Court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

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

Decision Date: June 11, 2012

20120611

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