Opinion
2017–374 K C
04-06-2018
Abdullah A. KARIM, Respondent, v. Joyce KHELAWAN, Appellant.
Russo & Tambasco (Susan J. Mitola and Jared Artura of counsel), for appellant. Abdullah A. Karim, respondent pro se.
Russo & Tambasco (Susan J. Mitola and Jared Artura of counsel), for appellant.
Abdullah A. Karim, respondent pro se.
PRESENT: MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ.
ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for a new trial.
In this action, plaintiff seeks to recover $9,000 for damage caused to his motor vehicle as a result of an accident with a vehicle owned by defendant. At trial, although the Civil Court stated "[s]wear in the witnesses," the record does not indicate that any of the witnesses were sworn in. Following the "trial," the Civil Court awarded plaintiff the principal sum of $9,000.
All persons testifying in a civil action must be sworn (see Diederich v. Del Prior , 18 Misc 3d 132[A], 2008 NY Slip Op 50084[U] [App Term, 9th & 10th Jud Dists 2008] ; see also Trensky v. Johnson , 1 Misc 3d 50 [App Term, 1st Dept 2003] ). Any form of oath is satisfactory as long as it is "calculated to awaken the conscience and impress the mind of the person taking it in accordance with his religious or ethical beliefs" ( CPLR 2309 ). Insofar as the record does not show that any witness was sworn, and plaintiff's case rested only upon his unsworn testimony and that of a witness who submitted the estimate, the judgment is reversed and the matter is remitted to the Civil Court for a new trial (see Remy v. Elegant HVAC, Inc. , 51 Misc 3d 146[A], 2016 NY Slip Op 50742[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]; Platinum Ridge Hoa, Inc. v. Rovenskiy , 24 Misc 3d 136[A], 2009 NY Slip Op 51501[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2009] ).
PESCE, P.J., WESTON and ALIOTTA, JJ., concur.