Opinion
2002-1768 N C.
Decided December 22, 2003.
Appeal by defendant from a small claims judgment of the District Court, Nassau County (H. Miller, J.), entered August 28, 2002, which awarded plaintiff the principal sum of $1,874.06 and dismissed his counterclaim.
Judgment unanimously affirmed without costs.
PRESENT: DOYLE, P.J., WINICK and SKELOS, JJ.
In this small claims action, plaintiff sought to recover for property damage to her vehicle as a result of an automobile accident. Defendant counterclaimed to recover for property damage sustained by his vehicle. At trial, both parties offered completely different versions as to how the accident occurred, and both offered itemized estimates in support of their claims for damages. In addition, defendant submitted photographs of the damage to his vehicle. Ultimately, the court credited plaintiffs version of the facts.
A review of the record indicates that substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1807). The deference which we normally accord to the credibility determinations of a trial court "applies with greater force" in small claims proceedings, given the limited scope of review and the often attenuated record available on appeal ( Williams v. Roper, 269 AD2d 125, 126). Even if we differed with the small claims court on an arguable point of fact or law, we may not reverse absent a showing that there is no support in the record for the court's conclusions or that they are otherwise so clearly erroneous as to deny substantial justice ( see Dourado v. Jordan, NYLJ, Oct. 6, 2003 [App Term 9th 10th Jud Dists]; see also Rothermel v. Ermiger, 161 AD2d 1016; Forte v. Bielecki, 118 AD2d 620). Here there was an adequate basis in the record to support the determination of the court below.