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Maryann MAHER, Appellant, v. Jose TEJADA, Respondent.
ORDERED that the judgment, insofar as appealed from, is affirmed, without costs.
Plaintiff commenced this small claims action against defendant, her former landlord, to recover a $2,300 security deposit and additional rent she had paid defendant for her use of a washer and dryer during a certain period of time. Defendant counterclaimed to recover the principal sum of $2,500. Following a nonjury trial, the District Court dismissed plaintiff's cause of action and defendant's counterclaim. Plaintiff appeals from so much of the judgment as dismissed her cause of 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" (UDCA 1807; see UDCA 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, insofar as appealed from, provided the parties with substantial justice according to the rules and principles of substantive law (see UDCA 1804, 1807). The court's determination dismissing plaintiff's cause of action is supported by the record and is based in part on its implicit factual findings and credibility determinations.
We note that evidence which is dehors the record has not been considered (see Chimarios v. Duhl, 152 AD2d 508 [1989]).
Accordingly, the judgment, insofar as appealed from, is affirmed.
GARGUILO, J.P., ADAMS and EMERSON, JJ., concur.
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Docket No: 2019-788 S C
Decided: April 09, 2020
Court: Supreme Court, Appellate Term, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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