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Vincent Disalvo v. Jeffrey Krieger

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


April 25, 2013

VINCENT DISALVO,
RESPONDENT,
v.
JEFFREY KRIEGER, APPELLANT.

Appeal from a judgment of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), entered June 7, 2011.

DiSalvo v Krieger

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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 25, 2013

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

The judgment, after a non-jury trial, awarded plaintiff the principal sum of $2,400 and dismissed defendant's counterclaims.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover rent arrears from defendant to whom plaintiff had sublet a room in plaintiff's apartment pursuant to a written agreement. Defendant counterclaimed to recover for, among other things, fraud and sexual discrimination. After a non-jury trial, the District Court awarded plaintiff the principal sum of $2,400 and dismissed defendant's counterclaims. 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 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 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). As the record supports the District Court's determinations, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

Nicolai, P.J., Iannacci and LaSalle, JJ., concur. Decision Date: April 25, 2013

20130425

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