Calabrese v Karlewicz

[*1] Calabrese v Karlewicz 2005 NY Slip Op 50190(U) Decided on February 17, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 17, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, J.P., ANGIOLILLO and COVELLO, JJ.
2004-551 OR C

Lois Calabrese, Respondent,

against

Terry Karlewicz, Appellant.

Appeal by defendant from a small claims judgment of the Justice Court, Town of Warwick, Orange County (D. Coleman, J.), entered February 18, 2004, in favor of plaintiff in the principal sum of $530.58.

Judgment unanimously affirmed without costs.

Plaintiff brought this small claims action to recover $530.58 in horse boarding fees that she had paid to defendant, the owner of a horse stable.In our opinion, the judgment of the small claims court which found in favor of plaintiff rendered substantial justice according to the rules and principles of substantive law (UJCA 1804, 1807). A small claims judgment should be overturned only if "the deviation from substantive law . . . [is] readily apparent and the court's determination clearly erroneous" (Forte v Bielecki, 118 AD2d 620, 621 [1986]). Moreover, given the limited standard of review applicable to small claims judgments, findings of facts which rest in large measure on the credibility of witnesses should not be disturbed on appeal (Gardner v Pharmacon Intl. Corp., 2001 NY Slip Op 40309 [U] [App Term, 1st Dept]). [*2]
Decision Date: February 17, 2005