GILBERTO AGUDO MARTINEZ PLAINTIFF APPELLANT v. GILBERTO AGUDO MARTINEZ PLAINTIFF APPELLANT PRO SE (2013)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:  Plaintiff appeals from an order affirming City Court's judgment in favor of defendant in this small claims action.   The record establishes that plaintiff and defendant gave different versions of the automobile accident, raising a credibility issue for the factfinder to resolve (see generally Williams v. Roper, 269 A.D.2d 125, 126–127, lv dismissed 95 N.Y.2d 898;  Moses v. Randolph, 236 A.D.2d 706, 707).   We affirm the order, inasmuch as we agree with County Court that “substantial justice has ․ been done between the parties according to the rules and principles of substantive law” (UCCA 1807;  see Mead Home Improvement, Inc. v Goldstein, 56 AD3d 1179, 1179).   Contrary to plaintiff's further contention, there is no indication that City Court was biased against him (see Makas v. Every, 224 A.D.2d 793, 794, appeal dismissed 88 N.Y.2d 867).

Frances E. Cafarell

Clerk of the Court