What is the scope of review of judgment in this small claims case?

"New York", United States of America

The following excerpt is from Wilkinson v. Martir, 3 N.Y.S.3d 287 (Table) (N.Y. App. Term 2014):

Our review of the judgment in this small claims case is limited to whether substantial justice has not been done between the parties according to the rules and principles of substantive law (UCCA 1807 ). Moreover, the deference normally accorded to the credibility determinations of a trial court applies with greater force in the Small Claims Part of the court, given the limited scope of review and the often attenuated record available on appeal (see Williams v. Roper, 269 A.D.2d 125, 126 [2000] ).

Other Questions


Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What is the standard of review for "plain error review" in the context of a claim for damages arising out of an error of judgment? (MultiRegion, United States of America)
Does a final judgment in a civil contempt case settle the right to sue for damages incurred after the date of the judgment? (MultiRegion, United States of America)
Is there any case law or case law supporting a claim of a "hostile work environment" where a plaintiff alleges that she was harassed by a colleague because of her own conduct? (MultiRegion, United States of America)
What is the scope of judicial review of a decision made by the Federal Environmental Protection Agency against a request by the Sierra Club for a judicial review? (MultiRegion, United States of America)
Is there any case law in which a claim that a claim made by a plaintiff is "incredible or defies physical reality"? (MultiRegion, United States of America)
If a claim has become moot prior to the entry of final judgment, does the court have to dismiss the claim? (MultiRegion, United States of America)
What is the standard of review for a motion where a claim has been made that the claim is not reasonable? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.