<partyblock><br><br><div align="center"><b><font size="+1">Joan Cording, Respondent,<br><br>against<br><br>Lori Portelli, Appellant, and Joe Portelli, Defendant.</font></b></div><br><br><p>Lori Portelli, appellant pro se.Joan Cording, respondent pro se (no brief filed).</p><p>Appeal from a judgment of the District Court of Suffolk County, First District (Vincent J.Martorana, J.), entered March 23, 2017. The judgment, after a nonjury trial, awarded plaintiff theprincipal sum of $1,770 as against defendant Lori Portelli.</p><p>ORDERED that the judgment is affirmed, without costs.</p><p>Following a nonjury trial in this small claims action to recover the principal sum of $5,000,representing rent arrears and the cost of repairs made to the premises rented by defendants afterthey had vacated, the District Court awarded plaintiff the principal sum of $1,770 as against LoriPortelli (defendant). The court found that plaintiff had established her entitlement to recover$2,730 for the repairs pursuant to a paid itemized bill, but deducted $600 for unenforceable latefees, and $360 for the remainder of the security deposit. Defendant appeals, arguing that sheshould have had an opportunity to review the bills relied upon by plaintiff prior to the trial; thatthe bills did not represent the value of the work performed; and that certain repairs and costs hadbeen improperly charged to defendants, including damage to a kitchen counter and charges fornew locks.</p><p>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; <i>see </i>UDCA 1804; <i>Ross v Friedman</i>, 269 AD2d 584 [2000];<i>Williams v Roper</i>, 269 AD2d 125 [2000]). Furthermore, the determination of a trier offact as to issues of <font color="FF0000">[*2]</font>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 (<i>see Vizzari v State ofNew York</i>, 184 AD2d 564 [1992]; <i>Kincade v Kincade</i>, 178 AD2d 510, 511 [1991]).This deference applies with greater force to judgments rendered in the Small Claims Part of thecourt (<i>see Williams v Roper</i>, 269 AD2d at 126).</p><p>"Disclosure shall be unavailable in small claims procedure except upon order of the court, onshowing of proper circumstances" (UDCA 1804). Here, there was no request for disclosure, andno showing of proper circumstances was made. In addition, an itemized bill is "prima facieevidence of the reasonable value and necessity of [the] services and repairs" (UDCA 1804). Withrespect to the charges regarding the kitchen counter, plaintiff was not awarded any compensationfor those charges, as the District Court did not consider plaintiff's unpaid estimates. With respectto the return of the keys and the resulting charges to install new locks, the District Court had theopportunity to evaluate the evidence and found that plaintiff's testimony was more credible thanthat of defendants. As the court's determination is supported by the record and provides theparties with substantial justice (<i>see</i> UDCA 1804, 1807), the judgment is affirmed.</p><p>We note that this court will not consider any evidence which is dehors the record (<i>seeChimarios v Duhl</i>, 152 AD2d 508 [1989]).</p><p>GARGUILO, J.P., MARANO and TOLBERT, JJ., concur.</p><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: December 20, 2018<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>