Club Zinvor v D.K. Intl. Trading, Inc.

[*1] Club Zinvor v D.K. Intl. Trading, Inc. 2015 NY Slip Op 51090(U) Decided on July 14, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 14, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ELLIOT, J.P., PESCE and SOLOMON, JJ.
2014-695 K C

Club Zinvor, a "d/b/a" for TAMARA TRETYAKOVA, Respondent, -against

against

D.K. International Trading, Inc. and DMITRIY KRIVOSHEYEV, Appellants. D.K. INTERNATIONAL TRADING, INC., Third-Party Plaintiff, ULIAN TRETAKOV, Third-Party Defendant.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered June 24, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $14,000 and dismissed defendants' counterclaim.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this action to recover, among other things, the principal sum of $14,000 paid to defendants for the purchase of a vehicle in the United States, including shipment to Russia. Defendants filed a counterclaim to recover for plaintiff's alleged breach of contract. Following a nonjury trial, the Civil Court awarded plaintiff the principal sum of $14,000 and dismissed defendants' counterclaim.

In reviewing a determination made after a nonjury trial, the power of this court is as broad as that of the trial court, and this court may render the judgment it finds warranted by the facts, bearing in mind that 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 Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Hamilton v Blackwood, 85 AD3d 1116 [2011]; Zeltser v Sacerdote, 52 AD3d 824 [2008]). In finding in favor of plaintiff, the court noted that plaintiff was "extremely credible" and defendants were "far less credible." Upon our review of the record, we find no basis to disturb the court's determination.

Accordingly, the judgment is affirmed.

Elliot, J.P., Pesce and Solomon, JJ., concur.

Decision Date: July 14, 2015