Masigla v Nationwide Ins. (2019 NY Slip Op 51170(U))

The Rybak Firm, PLLC (Damin J. Toell and Karina Barska of counsel), for appellant. McDonald & Safranek (Kevon Lewis of counsel), for respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered November 7, 2016. The judgment, after a nonjury trial, dismissed the complaint.

ORDERED that the judgment is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, a nonjury trial was held, limited to the issue of whether verification that had been requested by defendant remained outstanding. The Civil Court dismissed the complaint, stating on the record that the testimony proffered by defendant’s witness was credible.

In reviewing a determination made after a nonjury trial, the power of this court is as broad as that of the trial court, and this court may render the judgment it finds warranted by the facts, bearing in mind that 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 Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492 [1983]; Hamilton v Blackwood, 85 AD3d 1116 [2011]; Zeltser v Sacerdote, 52 AD3d 824 [2008]). As the record supports the Civil Court’s determination, which was based upon its assessment of the credibility of the only witness to testify, we find no basis to disturb the Civil Court’s finding.

Accordingly, the judgment is affirmed.

WESTON, J.P., ALIOTTA and ELLIOT, JJ., concur.