VELCHER v. 3100 BRIGHTON 2ND ST LLC (2021)

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover a security deposit in the amount of $1,850. At a nonjury trial, plaintiff testified that he had initially paid $1,675 for the security deposit, and that when he renewed his lease, he paid an unspecified additional amount for both the security deposit and monthly rent. Although the court asked plaintiff to submit documentary proof of the fact and the amount of the security deposit allegedly tendered, plaintiff offered no documents into evidence. Following the trial, the Civil 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” (CCA 1807; see CCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). Furthermore, 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 AD2d 564 [1992]; Kincade v Kincade, 178 AD2d 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 AD2d at 126).

Upon a review of the record, we find that the judgment rendered substantial justice between the parties according to the rules and principles of substantive law (see CCA 1804, 1807).

Accordingly, the judgment is affirmed.

WESTON, J.P., TOUSSAINT and GOLIA, JJ., concur.