SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts
October 11, 2012
Appeal from a judgment of the District Court of Nassau County, First District (David W. McAndrews, J.), entered November 12, 2010.
Wiggins v Ellensohn
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2012
PRESENT: IANNACCI, J.P., MOLIA and LaCAVA, JJ
The judgment, after a non-jury trial, dismissed plaintiff's action.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover an $875 security deposit from her former landlord. After a non-jury trial, the District Court dismissed plaintiff's action. 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 the credibility of the witnesses (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 conclusions, we affirm the judgment.
Iannacci, J.P., Molia and LaCava, JJ., concur. Decision Date: October 11, 2012
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