Escobar v Century 21 Am. Homes

[*1] Escobar v Century 21 Am. Homes 2008 NY Slip Op 51267(U) [20 Misc 3d 127(A)] Decided on April 3, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 3, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT:: McCABE, J.P., TANENBAUM and SCHEINKMAN, JJ
2006-2168 N C.

Anisa Escobar, Respondent,

against

Century 21 American Homes, Appellant.

Appeal from a judgment of the District Court of Nassau County, Second District (Susan T. Kluewer, J.), entered August 4, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,500.

Judgment affirmed without costs.

In this small claims action to recover for breach of contract, our review is limited to whether substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1807). The deference which we normally accord to the credibility determinations of a trial court applies with even greater force in a small claims proceeding in view of the limited scope of review (see Williams v Roper, 269
AD2d 125, 126 [2000]). On appeal, defendant failed to establish that the lower court's determination to grant judgment in favor of plaintiff was not supported by the record so as to deny substantial justice. Accordingly, the judgment is affirmed.

McCabe, J.P., Tanenbaum and Scheinkman, JJ., concur.
Decision Date: April 3, 2008