Rasolli Footwear Corp. v Raphael of Green Acres, Inc.

[*1] Rasolli Footwear Corp. v Raphael of Green Acres, Inc. 2014 NY Slip Op 50980(U) Decided on June 13, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 13, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., MARANO and GARGUILO, JJ.
2013-1010 N C

Rasolli Footwear Corp., Respondent,

against

Raphael of Green Acres, Inc., Appellant.

Appeal from a judgment of the District Court of Nassau County, Second District (Gary Franklin Knobel, J.), entered January 30, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,338.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this commercial claims action to recover for goods sold and delivered to defendant for which defendant had not paid. After a nonjury trial, the District Court awarded plaintiff the principal sum of $2,338. Upon a review of the record, we find that the judgment provided the parties with substantial justice according to the rules and principles of substantive law (see UDCA 1804-A, 1807-A; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125 [2000]).

The decision of a 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]). Furthermore, the determination of a trier of fact as to issues of credibility is given substantial deference, as a trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Vizzari v State of New York, 184 AD2d 564 [1992]). This standard applies with greater force to judgments rendered in the Commercial Claims Part of the court (see Williams v Roper, 269 AD2d at 126). As the record supports the District Court's determination, we find no reason to disturb the judgment.

Accordingly, the judgment is affirmed.

Iannacci, J.P., Marano and Garguilo, JJ., concur.

Decision Date: June 13, 2014