BECKFORD v. MILANO FURNITURE WAREHOUSE INC (2021)

Amended judgment (Lyle E. Frank, J.), entered December 5, 2019, affirmed, without costs.

A judgment rendered in the Small Claims Part of the Civil Court will be sustained on appeal unless it is shown that “substantial justice” has not been done between the parties according to the rules and principles of substantive law (CCA 1807). Applying this narrow standard of review, and giving due deference to the trial court's express findings of fact and negative assessment of plaintiff's credibility (see Williams v Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we find no basis to disturb the judgment of the trial court dismissing plaintiff's claim. The evidence, fairly interpreted, supports the finding that the furniture sold by defendant was not defective, nor too large to fit through the doorway of plaintiff's apartment. Nor was plaintiff entitled to a refund when she refused delivery of some of the items, given defendant's disclosed no-return policy. Plaintiff's remaining contentions are without merit, or involve matters dehors the record.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.