TKS LANDSCAPING CORP v. GRACI PAVING ASSOCIATES (2018)

ORDERED that the judgment, insofar as appealed from, is affirmed, without costs.

Plaintiff commenced this commercial claims action to recover the sum of $2,670, representing the unpaid balance due on a contract for landscaping. Defendant counterclaimed to recover the sum of $1,734.24, representing its alleged expenditures above the total cost of the contract price to correct plaintiff's work. After a nonjury trial, the District Court dismissed both plaintiff's cause of action and defendant's counterclaim. Plaintiff appeals from so much of the judgment as dismissed its claim.

In a commercial 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” (UDCA 1807–A [1]; see UDCA 1804–A; Ross v. Friedman, 269 AD2d 584 [2000]; Williams v. Roper, 269 AD2d 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 AD2d 564 [1992]; Kincade v. Kincade, 178 AD2d 510, 511 [1991] ). The deference accorded to a trial court's credibility determinations applies with even greater force to judgments rendered in the Commercial Claims Part of the court given the limited standard of review (see UDCA 1807–A; Williams v. Roper, 269 AD2d at 126). As the record supports the District Court's determination, we find that the judgment, insofar as appealed from, provided the parties with substantial justice according to the rules and principles of substantive law (see UDCA 1804–A, 1807–A [1]; Ross v. Friedman, 269 AD2d 584; Williams v. Roper, 269 AD2d 125).

Accordingly, the judgment, insofar as appealed from, is affirmed.

GARGUILO, J.P., MARANO and RUDERMAN, JJ., concur.