Grant v Roberts

[*1] Grant v Roberts 2015 NY Slip Op 51690(U) Decided on November 24, 2015 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 24, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.
570917/15

Rondell Grant, Plaintiff-Respondent,

against

Ayala Roberts, Defendant-Appellant.

Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), entered March 3, 2015, after trial, in favor of plaintiff and awarding him damages in the principal sum of $3,000, and dismissing defendant's counterclaim.

Per Curiam.

Judgment (Tanya R. Kennedy, J.), entered March 3, 2015, affirmed, without costs.

The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in awarding judgment in plaintiff's favor and dismissing defendant's counterclaim (CCA 1804, 1807). A fair interpretation of the evidence supports the finding that plaintiff properly performed the soffit work requested by defendant and was entitled to payment for the services rendered. Particularly in the context of small claims cases, the decision of the fact-finding court is entitled to deference where it rests in large measure on considerations relating to the credibility of witnesses (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: November 24, 2015