Opinion
No. 2011–3236WC.
2012-12-21
Solomon FACHLAEV Doing Business as Silver Angel, Appellant, v. Wendy Schwarz HOPKINS Doing Business as Wendy's Closet, Respondent.
Present: NICOLAI, P.J., LaCAVA and LaSALLE, JJ.
Appeal, on the ground of inadequacy, from a judgment of the Justice Court of the Town of Bedford, Westchester County (Kevin J. Quaranta, J.), entered December 13, 2010. The judgment, insofar as appealed from, after a nonjury trial, awarded plaintiff the principal sum of $1,480 on his cause of action.
ORDERED that the judgment, insofar as appealed from, is reversed, without costs, and the matter is remitted to the Justice Court for a new trial limited to plaintiff's cause of action.
In this small claims action, plaintiff seeks to recover the principal sum of $3,000, representing the cost of jewelry plaintiff provided to defendant. Defendant interposed a counterclaim seeking damages for, among other things, breach of contract. After a nonjury trial, the Justice Court awarded plaintiff the principal sum of $1,480 on his cause of action and dismissed defendant's counterclaim. Plaintiff appeals, on the ground of inadequacy, from so much of the judgment as awarded him the principal sum of only $1,480.
Upon a review of the record, we find that substantial justice was not done between the parties ( seeUJCA 1804, 1807) since the Justice Court failed to allow plaintiff to cross-examine defendant, as was his right under substantive law ( see Moon v. Khazraie, 11 Misc.3d 131[A], 2006 N.Y. Slip Op 50348[U] [App Term, 9th & 10th Jud Dists 2006]; Rizopoulos v. Cartelli, 4 Misc.3d 127[A], 2004 N.Y. Slip Op 50619[U] [App Term, 9th & 10th Jud Dists 2004]; see also Diederich v. Del Prior, 18 Misc.3d 132[A], 2008 N.Y. Slip Op 50084[U] [App Term, 9th & 10th Jud Dists 2008] ). Accordingly, the judgment is reversed and the matter is remitted for a new trial, limited to plaintiff's cause of action.
We note that although plaintiff did not establish that defendant was, in fact, a corporation, contrary to plaintiff's contention, a corporation may appear and defend a small claims action “by any authorized officer, director or employee” (UJCA 1809[2] ).