Tricarico v Department of Sanitation Town of Hempstead

[*1] Tricarico v Department of Sanitation Town of Hempstead 2005 NY Slip Op 51475(U) [9 Misc 3d 127(A)] Decided on September 16, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 16, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
2004-1199 N C

John James Tricarico, Appellant,

against

Department of Sanitation Town of Hempstead and JOHN MATTERA, Respondents.

Appeal from a judgment of the District Court of Nassau County, Second District (Steven M. Jaeger, J.), entered March 30, 2004. The judgment, after a nonjury trial, dismissed the action.

Judgment unanimously affirmed without costs.

Plaintiff brought the instant small claims action to recover for damage to his vehicles which, he alleged, was done by Department of Sanitation employees during the course of sanitation collection. Our review is limited to determining whether substantial justice was done "according to the rules and principles of substantive law"
(UDCA 1807). In our opinion, the trial court's resolutions of the issues do not warrant reversal. Moreover, particularly in the context of small claims cases, the decision of the fact-finding court is entitled to deference on appeal where, as here, it rests in large measure on considerations involving the credibility of witnesses (see Williams v Roper, 269 AD2d 125 [2000]). [*2]
Decision Date: September 16, 2005