SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts
April 4, 2013
MARCIA ROBINSON, APPELLANT, --
DANIEL J. AMONE, RESPONDENT.
Appeal from a judgment of the City Court of Poughkeepsie, Dutchess County (Frank Mora, J.), entered October 18, 2011.
Robinson v Amone
Decided on April 4, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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: IANNACCI, J.P., MARANO and TOLBERT, JJ
The judgment, after a non-jury trial, dismissed the action.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover her security deposit and all rent monies paid to defendant, her former landlord. After a non-jury trial, at which plaintiff argued that defendant had breached the warranty of habitability, the court dismissed the 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 (UCCA 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 ). Moreover, the determination of a trier of fact as to issues of credibility is given substantial deference, as a 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 ). This standard applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams, 269 AD2d at 126).
Accordingly, the judgment is affirmed.
Iannacci, J.P., Marano and Tolbert, JJ., concur. Decision Date: April 04, 2013
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