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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Sikora v. Shurtluff (2020)

Citation
Sikora v. Shurtluff (2020)
Parent Document
Sikora v. Shurtluff (2020)
Jurisdiction
New York (state)
Effective Date
2020-01-30

Full Text

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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).