Satola v Alfe Net Computer Servs.

[*1] Satola v Alfe Net Computer Servs. 2010 NY Slip Op 50592(U) [27 Misc 3d 128(A)] Decided on March 31, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 31, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and STEINHARDT, JJ
2009-707 K C.

Walter Satola, Appellant,

against

Alfe Net Computer Services, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Kathy J. King, J.), entered July 15, 2008. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed without costs.

In this small claims action to recover for the allegedly defective repair of plaintiff's computer, we find that the judgment in favor of defendant dismissing the action provided the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).

The decision of the fact-finding court should not be disturbed upon appeal unless it is obvious that the court's conclusions could not be reached under any fair interpretation of the evidence (see Claridge Gardens v Menotti, 160 AD2d 544 [1990]). This standard applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v Roper, 269 AD2d at 126). Furthermore, the determination of the trier of fact as to issues of credibility is given substantial deference as the court has the opportunity to observe and evaluate the testimony and demeanor of the witnesses, thereby affording the trial court a better perspective from which to evaluate the credibility of the witnesses (see Vizzari v State of New York, 184 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). This is especially true when findings of fact rest in large measure on considerations relating to the credibility of witnesses (Richard's Home Ctr. & Lbr. v Kraft, 199 AD2d 254 [1993]). We find that the record supports the trial court's conclusions and, accordingly, find no reason to disturb the judgment dismissing the action. Accordingly, the judgment is affirmed.

Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: March 31, 2010