Ruth Johnson, Respondent, v. Highlawn Moving & Storage, Inc., Appellant. (2026)

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover $10,000 from defendant moving company for damaged and missing items of personal property. After a nonjury trial, the Civil Court (Inga M. O'Neale, J.) entered a judgment on February 28, 2023 awarding plaintiff the principal sum of $1,400.

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 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 rendered substantial justice between the parties in accordance with the rules and principles of substantive law (see CCA 1804, 1807). Accordingly, the judgment is affirmed.

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

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: June 26, 2026