Rad v. Water, 2011–2150 W C.

• Decision Date: 11 June 2011
• Docket Number: No. 2011–2150 W C.,2011–2150 W C.
• Citation: 954 N.Y.S.2d 761,35 Misc.3d 148,2012 N.Y. Slip Op. 51082
• Parties: Hoshi RAD, Respondent, v. Nancy WATER, Appellant.
• Court: New York Supreme Court — Appellate Division

35 Misc.3d 148
954 N.Y.S.2d 761
2012 N.Y. Slip Op. 51082

Hoshi RAD, Respondent,
v.
Nancy WATER, Appellant.

No. 2011–2150 W C.

Supreme Court, Appellate Term, New York,
9th and 10th Judicial Districts.

June 11, 2011.

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

Appeal from a judgment of the City Court of Yonkers, Westchester County (Richard F. Sweeney, J.), entered September 9, 2010. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,156.97.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the cost to repair the damage which defendant allegedly had caused to plaintiff's vehicle. Following a nonjury trial, the City Court found that plaintiff had established that defendant damaged his vehicle, and, thus, awarded plaintiff the principal sum of $3,156.97, the amount plaintiff had paid to repair the damage, as indicated on a paid invoice.

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 A.D.2d 544 [1990] ). This standard applies with greater force to judgments rendered in the Small Claims Part of the court ( see Williams v. Roper, 269 A.D.2d 125, 126 [2000] ). Furthermore, the determination of the 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 A.D.2d 564 [1992];Kincade v. Kincade, 178 A.D.2d 510, 511 [1991] ). As the record supports the City Court's determination, we find that substantial justice was provided to the parties in accordance with the rules and principles of substantive law ( seeUCCA 1807).

Accordingly, the judgment is affirmed.

NICOLAI, P.J., LaCAVA and...