that the landlord willfully refused to make required repairs (see Katurah Corp. v
Wells, 115 Misc 2d at 17; 13 E. 9th St., LLC v Seelig, 63 Misc 3d 1218[A], 2019 NY
Slip Op 50582[U] [Civ Ct, NY County 2019]; see also Missionary Sisters of Sacred
Heart, 131 AD2d at 397).
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).
As the record supports the trial court's conclusion that plaintiff failed to establish that
defendant had willfully refused to make required repairs, we find that the judgment
provided substantial justice between the parties (see CCA 1804, 1807).
Accordingly, the judgment is affirmed.
PESCE, P.J., WESTON and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 29, 2019