Opinion
2020-53 K C
05-21-2021
Anthony DE FEX, Appellant-Respondent, v. 2606 CROPSEY AVE., INC., Respondent-Appellant.
Anthony De Fex, appellant-respondent pro se. Law Office of Edward Deignan, P.C. ( Edward Deignan, Esq.), for respondent-appellant (no brief filed).
Anthony De Fex, appellant-respondent pro se.
Law Office of Edward Deignan, P.C. ( Edward Deignan, Esq.), for respondent-appellant (no brief filed).
PRESENT: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the principal sum of $3,000 for "damages due to virtue of indemnification provided for under our corporation's bylaws." Defendant interposed a counterclaim to recover for attorney's fees. Following a nonjury trial, the Civil Court dismissed the action and defendant's counterclaim.
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" ( CCA 1807 ; see CCA 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 ).
Upon a review of the record, we find that the judgment rendered substantial justice between the parties ( see CCA 1804, 1807). Plaintiff failed to establish his entitlement to indemnification, and defendant failed to establish the existence of an agreement, statute, or court ruling entitling it to attorney's fees ( see Perry v Town of Huntington , 60 Misc 3d 45 [App Term, 2d Dept, 9th & 10th Jud Dists 2018]).
Accordingly, the judgment is affirmed.
ALIOTTA, P.J., WESTON and ELLIOT, JJ., concur.