Marino v. Minnesota Ave. Commons, LLC

Keren Mashiah, Esq., for appellant. Christian Maxim Marino and Jessie L. Montgomery, respondents pro se (no brief filed).

Appeal from a judgment of the District Court of Nassau County, First District (Paul L. Meli, J.), entered October 16, 2015. The judgment, after a nonjury trial, awarded plaintiffs the principal sum of $1,850.

ORDERED that the judgment is affirmed, without costs.

Plaintiffs commenced this small claims action against defendant, their former landlord, to recover the sum of $3,850, representing the balance of their $4,000 security deposit which they claimed was due them. Defendant appeals from a judgment, after a nonjury trial, awarding plaintiffs the principal sum of $1,850.

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]). 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 no basis to disturb the District Court's determination, as it provided the parties with substantial justice according to the rules and [*2]principles of substantive law (see UDCA 1804, 1807).

Accordingly, the judgment is affirmed.

MARANO, P.J., TOLBERT and BRANDS, JJ., concur.