ALAN FEIERSTEIN LLC v. CLAUS (2019)

Judgment (Sabrina B. Kraus, J.), entered March 20, 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 that limited standard of review here and giving due deference to the trial court's express finding that defendant “lacked any credibility” (see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]), we find no basis to substitute our judgment for that of the trial court in awarding judgment in plaintiff's favor. The evidence, fairly interpreted, supports the court's determination that defendant's tree caused damage to plaintiff's roof.

Contrary to defendant's assertion, the record does not reveal any evidence of bias on the part of the trial court. We have examined the remaining contentions and find them unpersuasive.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.