Hersi v Dormeus

Hersi v Dormeus 2003 NY Slip Op 51263(U) Decided on September 5, 2003 Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Appellate Term, First Department

[*1] This opinion is uncorrected and will not be published in the Official Reports.
Digest-Index Classification:Courts—Small Claims
Decided on September 5, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570327/03

SAED HERSI, Plaintiff-Appellant,



PROSPER DORMEUS,

[*2]Defendant-Respondent.

Plaintiff appeals from so much of a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about October 8, 2002 after trial (Karen S. Smith, J.) as limited plaintiff's recovery to the principal amount of $500, plus interest and disbursements.

PER CURIAM:

Judgment entered on or about October 8, 2002 (Karen S. Smith, J.) affirmed, without costs.

The damage award in this small claims action, representing the amount of plaintiff-tenant's lease security deposit, was consistent with the ends of "substantial justice" (CCA 1804, 1807), and is not disturbed. Plaintiff did not establish his entitlement to additional damages since he failed to show that any of his personal property remained in the premises or was improperly discarded by defendant-landlord. 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, lv dismissed 95 NY2d [*3]898).

This constitutes the decision and order of the court.