Gomez v With

[*1] Gomez v With 2007 NY Slip Op 51809(U) [17 Misc 3d 126(A)] Decided on September 24, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 24, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and MOLIA, JJ
2006-998 S C.

Santos A. Gomez, Appellant,

against

Michael With and CHRISTIAN ANTAIP, Respondents.

Appeal from a judgment of the District Court of Suffolk County, Fourth District (C. Steven Hackeling, J.), dated January 13, 2005. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

Plaintiff commenced this small claims action to recover the sum of $5,000, which she had paid to defendants to make repairs in her basement, claiming that defendants never did any work. After trial, the court dismissed the action, finding that plaintiff failed to establish her cause of action.

Reversal is warranted only if the record on appeal demonstrates that the small claims judgment is clearly erroneous (see Ross v Friedman, 269 AD2d 584 [2000]). Moreover, the deference normally accorded to the credibility determinations of a trial court, which has the opportunity to evaluate the testimony and demeanor of the witnesses (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]), "applies with greater force" in small claims actions in light of the limited scope of review and often attenuated records available on appeal (see Williams v Roper, 269 AD2d 125, 126 [2000]). A review of the instant record indicates that the court did not deviate from the appropriate rules and principles of substantive law, and the result rendered substantial justice between the parties (UDCA 1804, 1807). Accordingly, the judgment is [*2]affirmed.

Rudolph, P.J., McCabe and Molia, JJ., concur.
Decision Date: September 24, 2007