Melstein v His Mission Corp.

[*1] Melstein v His Mission Corp. 2012 NY Slip Op 52270(U) Decided on December 7, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 7, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : LaCAVA, J.P., IANNACCI and LaSALLE, JJ
2011-2302 D C.

Robert Melstein, Appellant,

against

His Mission Corp. Doing Business as WIT'S AUTO, Respondent.

Appeal from a judgment of the Justice Court of the Town of Fishkill, Dutchess County (Harold Epstein, J.), entered August 30, 2011. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the sum of $1,685.31, alleging that defendant had performed defective and unnecessary repairs to his car. After a nonjury trial, the Justice Court dismissed the action, finding that plaintiff had failed to sustain his burden of proof. Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (UJCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).

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 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 a trier of fact as to issues of credibility is [*2]given substantial deference, as a 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 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). As the record supports the trial court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

LaCava, J.P., Iannacci and LaSalle, JJ., concur.
Decision Date: December 07, 2012