FEIST v. PITTA (2020)

ORDERED that the judgment is affirmed, without costs.

In this small claims action, plaintiff seeks to recover the principal sum of $5,000 based on defendants' sale to her of an allegedly defective used car. After a nonjury trial, the District Court awarded judgment in favor of plaintiff in the principal sum of $4,600.

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 our review of the record, we find that the judgment rendered substantial justice between the parties (see UDCA 1804, 1807).

Accordingly, the judgment is affirmed.

TOLBERT, J.P., ADAMS and GARGUILO, JJ., concur.