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GOMEZ v. FALCO

6 Misc.3d 5 (2004)

792 N.Y.S.2d 769

CLAUDIO GOMEZ, Respondent, v. GABRIEL FALCO, Appellant.

Supreme Court, Appellate Term, Second Department.

October 20, 2004.

Attorney(s) appearing for the Case

Gabriel Falco, respondent pro se.

McCabe, P.J., Covello and Tanenbaum, JJ.

OPINION OF THE COURT

Memorandum.

Judgment unanimously affirmed without costs.

Substantial justice was done between the parties in this small claims action for wages due (UJCA 1804, 1807). In rendering judgment for plaintiff, the court below credited plaintiff's testimony that defendant had withheld payment from him for work he had already performed. It is well settled that issues of credibility are for the...

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