Opinion
No. 2014–260 D C.
05-01-2015
Lawrence TAYLOR, Appellant, v. James TAYLOR, Respondent.
Opinion
ORDERED that the judgment is affirmed, without costs.
In this small claims action, plaintiff seeks to recover the sum of $3,100, which he claims to have loaned to defendant. 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 A.D.2d 584 [2000] ; Williams v. Roper, 269 A.D.2d 125 [2000] ). 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 A.D.2d 564 [1992] ; Kincade v. Kincade, 178 A.D.2d 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 A.D.2d at 126 ).
As the City Court's determination is supported by the record and provides the parties with substantial justice (see UCCA 1804, 1807 ), the judgment is affirmed.
IANNACCI, J.P., TOLBERT and GARGUILO, JJ., concur.