Basler v M & S Masonry & Constr., Inc.

[*1] Basler v M & S Masonry & Constr., Inc. 2008 NY Slip Op 52295(U) [21 Misc 3d 137(A)] Decided on November 7, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 7, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ
2007-1112 W C.

Agnes Basler, Respondent,

against

M & S Masonry & Construction, Inc., Appellant.

Appeal from a judgment of the City Court of Yonkers, Westchester County (Charles D. Wood, J.), entered July 27, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,100.

Judgment affirmed without costs.

In this small claims action to recover for damage allegedly caused by defendant's defective resurfacing of plaintiff's sidewalk, we find that the trial court properly rendered its judgment providing the parties with substantial justice according to the rules and principles of substantive law (UCCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).

The decision of the 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 the trier of fact as to issues of credibility is given substantial deference as the court has the opportunity to observe and evaluate the testimony and demeanor of the witnesses, thereby affording the trial court a better perspective from which to evaluate the credibility of the witnesses (see Vizzari v State of New York, 184 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). We find that the record amply supports the trial court's conclusions and, accordingly, find no reason to disturb the judgment.

Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.
Decision Date: November 07, 2008