DiLeonardo v Allen

[*1] DiLeonardo v Allen 2015 NY Slip Op 51803(U) Decided on December 8, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 8, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MARANO, P.J., IANNACCI and TOLBERT, JJ.
2014-1670 OR C

Gina DiLeonardo, Appellant,

against

Glenn Allen, Jr., Respondent.

Appeal from a judgment of the City Court of Newburgh, Orange County (Robert F. Moson, J.), entered July 14, 2014. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs; and it is further,

ORDERED that the clerk of the Small Claims Part of the City Court is directed to amend all the proceedings and papers in this matter to reflect plaintiff's name as Gina DiLeonardo, rather than Gina DiLeonarolo, and defendant's name as Glenn Allen, Jr., rather than Gleng Allen, Jr.

Plaintiff commenced this small claims action to recover $3,650 based on defendant's alleged failure to complete work pursuant to a contract. After a nonjury trial, the City Court dismissed the action.

In a small claims action, our review is limited to a determination of whether "substantial justice has . . . been done between the parties according to the rules and principles of substantive law" (UCCA 1807; see UCCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125 [2000]). 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]; Kincade v Kincade, 178 AD2d 510, 511 [1991]). This deference applies with greater force to judgments rendered in the Small Claims Part of the court (see Williams v Roper, 269 AD2d at 126). Here, the court's decision, which rested in part on credibility determinations, is supported by the record. We note that we do not consider any materials which are dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989]).

As the judgment in this case provided the parties with substantial justice (see UCCA 1804, 1807), it is affirmed.

We note that the judgment and some of the other court papers do not correctly state plaintiff's and defendant's names. As the record indicates that plaintiff's correct name is Gina DiLeonardo, rather than Gina DiLeonarolo, and defendant's correct name is Glenn Allen, Jr., rather than Gleng Allen, Jr., the clerk of the Small Claims Part of the City Court is directed to amend all the proceedings and papers in this matter to reflect plaintiff's and defendant's correct names (see CPLR 5019 [a]), and the caption of the appeal has been amended accordingly.

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

Decision Date: December 08, 2015