Opinion
2002-1030 OR C.
Decided February 3, 2004.
Appeal by defendant from a small claims judgment of the Justice Court, Town of Cornwall, Orange County (J. Thomson, J.), entered June 13, 2002, in favor of plaintiff in the sum of $1,372.
Judgment unanimously reversed without costs and action dismissed.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
After selling his house to defendant, plaintiff commenced the instant small claims action seeking to recover for breach of an alleged oral agreement whereby defendant would pay plaintiff for an alarm system which was installed in the house some time prior to the sale and for future monitoring costs which plaintiff owed pursuant to a multiyear alarm monitoring contract.
"While credibility determinations are generally within the province of the trier of fact[,] 'in evaluating testimony we should not discard common sense and common knowledge" ( Loughlin v. City of New York, 186 AD2d 176, 177). Testimony which is incredible is "to be disregarded as being without evidentiary value" ( id. at 177). In the instant case, the judgment did not render substantial justice between the parties because plaintiff's testimony, which was internally inconsistent, and the documentary evidence introduced by plaintiff did not establish by a preponderance of the credible evidence that the parties entered into the alleged oral contract ( see UJCA 1807; Loughlin, 186 AD2d at 177). Accordingly, the action is dismissed.
In light of the foregoing, we need not reach defendant's remaining contentions.