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Rizopoulos v. Cartelli

Appellate Term of the Supreme Court of New York, Second Department
Jun 14, 2004
2004 N.Y. Slip Op. 50619 (N.Y. App. Term 2004)

Opinion

No. 2003-1086 NC.

Decided June 14, 2004.

Appeal by defendant from a small claims judgment of the District Court, Nassau County (T. Feinman, J.), entered September 23, 2002, awarding plaintiff the sum of $900.

Judgment unanimously reversed without costs and matter remanded for a new trial.

PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.


Plaintiff brought this small claims action seeking a refund of rent and security deposit that she paid to defendant, alleging, inter alia, that defendant created a hostile environment.

Substantial justice was not done between the parties (UDCA 1804, 1807). While plaintiff was allowed to call and question two witnesses, all other questioning was conducted by the court, which maintained tight control over the proceedings, and defendant was not provided with an opportunity to cross-examine either plaintiff's witnesses or plaintiff herself, as was her right pursuant to substantive law (UDCA 1804; see Graves v. American Express, 175 Misc 2d 285 [App Term, 2d 11th Jud Dists 1997]). Accordingly, a new trial is required.


Summaries of

Rizopoulos v. Cartelli

Appellate Term of the Supreme Court of New York, Second Department
Jun 14, 2004
2004 N.Y. Slip Op. 50619 (N.Y. App. Term 2004)
Case details for

Rizopoulos v. Cartelli

Case Details

Full title:DENA RIZOPOULOS, Respondent, v. VICTORIA CARTELLI, Appellant

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jun 14, 2004

Citations

2004 N.Y. Slip Op. 50619 (N.Y. App. Term 2004)

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