Leo Dorfman, Respondent, The v. Garfield Garage, Appellant. (2023)

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover the principal sum of $5,000 for damage to his vehicle during occasions it was parked in defendant's valet garage. Following a nonjury trial, the Civil Court awarded plaintiff the principal sum of $2,566.59.

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" (CCA 1807; see CCA 1804; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 12 [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).

The judgment in favor of plaintiff implicitly rested on a credibility determination which, upon a review of the record, we find no basis to disturb (see Yildirim v Turkish Airlines, 55 Misc 3d 152[A], 2017 NY Slip Op 50772[U], *2 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]). Consequently, the judgment rendered substantial justice between the parties (see CCA 1804, 1807).

Accordingly, the judgment is affirmed.

TOUSSAINT, P.J., BUGGS and MUNDY, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: February 24, 2023