Granuzzo v Wappingers Oil Co.

[*1] Granuzzo v Wappingers Oil Co. 2004 NY Slip Op 50716(U) Decided on July 1, 2004 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-1351 D C

VITO GRANUZZO, Appellant,

against

WAPPINGERS OIL COMPANY, Respondent.

Appeal by plaintiff from a small claims judgment of the Justice Court, Town of Wappinger, Dutchess County (H. Kitchen, J.), entered June 11, 2003, in favor of defendant dismissing the action.

Judgment unanimously affirmed without costs.

In this small claims action, plaintiff seeks to recover for damage to his driveway which was allegedly caused when defendant's oil delivery truck drove upon the
driveway. Inasmuch as the sole issue raised on appeal concerned the credibility of
the witnesses and the court's credibility determinations thereof were not clearly erroneous, the judgment should be affirmed because substantial justice was done between the parties according to the rules and principles of substantive law (see UJCA 1807; Moses v Randolph, 236 AD2d 706, 707 [1997]).
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Decision Date: July 01, 2004