HIRSCHKORN v. GOLDMAN (2018)

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover a $4,850 deposit he had given defendant in connection with an agreement to sublease defendant's cooperative apartment for one year. Defendant counterclaimed to retain the deposit and to recover an additional $1,003.70 for alleged damages exceeding the amount of the deposit. After a nonjury trial, the Civil Court awarded plaintiff the sum of $3,850 and dismissed the counterclaim.

In a small claims action, this court's 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 [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 (see CCA 1804, 1807; Ross v. Friedman, 269 AD2d 584 [2000]; Williams v. Roper, 269 AD2d 125 [2000] ).

Accordingly, the judgment is affirmed.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.