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2019 NY Slip Op 29295

Citation
2019 NY Slip Op 29295
Jurisdiction
New York (state)
Source
Official source

Full Text

1,106 chars
Section 1804 of the Uniform City Court Act sets forth the procedure to be followed when conducting a small claims trial. The court is required "to do substantial justice between the parties according to the rules of substantive law" (UCCA 1804; see Blair v Five Points Shopping Plaza, 51 AD2d 167 [3d Dept 1976]; Rowe v Silver & Gold Expressions, 107 AD3d 1090 [3d Dept 2013]). A small claims court is given wide latitude and discretion in the conduct of the proceedings (Buonomo v Stalker, 40 AD2d 733 [3d Dept 1972]). The trier of [*2]fact must make credibility determinations regarding the testimony of the parties and the evidence presented. A trial court judge has the opportunity to hear witnesses and observe their demeanor during testimony and to weigh the evidence (Ransom v Spacc, 57 Misc 3d 259 [Jamestown City Ct 2017]) and, accordingly, the determination of the trier of fact as to issues of credibility is given substantial deference since such opportunity affords a better perspective from which to assess witness credibility (see Vizzari v State of New York, 184 AD2d 564 [2d Dept 1992]).