Devi v Manigat

[*1] Devi v Manigat 2009 NY Slip Op 52514(U) [25 Misc 3d 143(A)] Decided on December 9, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 9, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : RIOS, J.P., PESCE and GOLIA, JJ
2009-524 K C.

Mani M. Devi, Appellant,

against

Ulna Manigat, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered March 26, 2007. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed without costs.

In this small claims action to recover for items allegedly stolen from plaintiff by defendant, we find that the Civil Court's determination dismissing the action provided the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). Plaintiff failed to offer any proof that defendant stole her belongings. Moreover, 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]). Accordingly, the judgment is affirmed.

Rios, J.P., Pesce and Golia, JJ., concur.
Decision Date: December 09, 2009