McKenna v Monge

[*1] McKenna v Monge 2005 NYSlipOp 50366(U) Decided on March 22, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., ANGIOLILLO and COVELLO, JJ.
2004-703 P C

Wendy McKenna, Respondent,

against

Jorge Monge and Rosie Monge, Appellants.

Appeal by defendants from a small claims judgment of the Justice Court, Town of Patterson, Putnam County (R. Tricinelli, J.), entered April 1, 2004, awarding plaintiff the principal sum of $500.

Judgment unanimously affirmed without costs.

In this small claims action seeking return of a security deposit, substantial justice was done between the parties in accordance with the rules and principles of substantive law (UJCA 1804, 1807). The court's credibility determinations are entitled to great deference upon appeal, and defendants have failed to show that the record does not support the court's conclusions or that its conclusions are otherwise so clearly
erroneous as to deny substantial justice (see Brancato v Brooks, 6 Misc 3d 127[A], 2004 NY Slip Op 51688[U] [App Term, 9th & 10th Jud Dists]; see also Blair v Five Points Shopping Plaza, 51 AD2d 167 [1976]). [*2]
Decision Date: March 22, 2005