COURT MOWED DOWN HER CASE
After her small claims case -- which had been brought against her landscaper (for contract breach and defective workmanship) -- was dismissed, F.B. appealed.
On its review, the Appellate Term, Second Department, noted that in this particular forum, substantial deference is accorded to the trial court, since it is in the best position to observe the demeanor of the witnesses and to make credibility determinations. Additionally, the governing standard of review is whether “substantial justice” has been effected “according to the rules and principles of substantive law.”
Since it found the lawsuit’s dismissal to be consistent with the pertinent legal standards that applied to small claims disputes, the AT2 affirmed the outcome.
Was that a blot on the landscape?
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DECISION