Opinion
2012-04-25
Carolyn LUNDGREN, Appellant, v. MARSHALL'S, INC., Respondent.
Present: IANNACCI, J.P., NICOLAI and MOLIA, JJ.
Appeal from a judgment of the District Court of Nassau County, Second District (Norman Janowitz, J.), entered November 23, 2010. The judgment, after a nonjury trial, dismissed the action.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the sum of $1,000, as the value of her handbag and its contents which were stolen while she was shopping at defendant's store. After a nonjury trial, the District Court found that plaintiff had failed to prove any negligence by defendant and dismissed the action. 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 (UDCA 1804, 1807; see Ross v. Friedman, 269 A.D.2d 584 [2000];Williams v. Roper, 269 A.D.2d 125, 126 [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 A.D.2d 544 [1990] ). This standard applies with greater force to judgments rendered in the Small Claims Part of the court ( see Williams v. Roper, 269 A.D.2d at 126). Furthermore, the determination of a trier of fact as to issues of credibility is given substantial deference, as the 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 A.D.2d 564 [1992];Kincade v. Kincade, 178 A.D.2d 510, 511 [1991] ).
In the instant case, no bailment was created, as plaintiff, who was shopping at defendant's store, never delivered her pocketbook to defendant's custody and control ( see generally Chubb & Son v. Edelweiss, Inc., 258 A.D.2d 345 [1999];Dubay v. Trans–Am. Ins. Co ., 75 A.D.2d 312 [1980];Dixon v. X–Treme Body & Fender, Inc., 20 Misc.3d 130[A], 2008 N.Y. Slip Op 51422[U] [App Term, 2d & 11th Jud Dists 2008] ). Thus, no prima facie case of negligence based upon a bailment has been established ( see generally Chubb & Son v. Edelweiss, Inc., 258 A.D.2d 345). Consequently, the record amply supports the District Court's dismissal of the action.
Accordingly, the judgment is affirmed.