Learn About the Law
Get help with your legal needs
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.
Will ISNADY, Appellant, v. Raelene L. PARLIMAN and William B. Tyndall, Respondents.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this small claims action to recover the principal sum of $1,522 for damage to his vehicle resulting from an accident with a vehicle driven by defendant Raelene Parliman. After a nonjury trial, the City Court awarded plaintiff $761, based upon an apportionment of liability of 50 percent against plaintiff and 50 percent against defendants. Plaintiff appeals on the ground of inadequacy.
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” (UCCA 1807; see UCCA 1804; 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]). 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).
As the court's determination to allocate 50 percent of the responsibility for the accident to plaintiff is supported by the record, we find that the judgment rendered substantial justice between the parties (see UCCA 1804, 1807).
Accordingly, the judgment is affirmed.
TOLBERT, J.P., ADAMS and GARGUILO, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: 2018-1016 OR C
Decided: December 24, 2020
Court: Supreme Court, Appellate Term, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
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.
Search our directory by legal issue
Enter information in one or both fields (Required)