Opinion
No. 2011–2128 N C.
2012-12-20
Virginia VESSA and Al Vessa, Respondents, v. GULL WING MOTORS, INC. and Lou Palumbo, Appellants.
Appeal from a judgment of the District Court of Nassau County, Fourth District (Michael S. Alonge, J.), entered May 10, 2010. The judgment, after a nonjury trial, awarded plaintiffs the principal sum of $1,050 as against both defendants.
Present: MOLIA, J.P., NICOLAI and IANNACCI, JJ.
ORDERED that the judgment is modified by vacating so much of the judgment as is against defendant Lou Palumbo and by providing that the action against defendant Lou Palumbo is dismissed; as so modified, the judgment is affirmed, without costs.
Plaintiffs commenced this small claims action to recover the sum of $1,050, alleging that defendants had defectively repaired plaintiffs' vehicle. Plaintiffs had paid defendant Gull Wing Motors, Inc. the sum of $1,186.73 for the repairs to their motor vehicle. Plaintiffs paid a second repair shop $1,400 to correct the corporate defendant's defective repair. After a nonjury trial, the District Court awarded plaintiffs the principal sum of $1,050. Defendants appeal.
Upon a review of the record, we find that the judgment provided substantial justice according to the rules and principles of substantive law (UDCA 1804, 1807; see Ross v. Friedman, 269 A.D.2d 584 [2000];Williams v. Roper, 269 A.D.2d 125, 126 [2000] ) insofar as it was against the corporate defendant. However, the complaint is dismissed as to the individual defendant, as we find no basis to hold the individual defendant, Lou Palumbo, personally liable ( see S.F.P. Realty Corp. v. G.S. Rockaway Dev., 206 A.D.2d 417 [1994];Ruti v. Knapp, 193 A.D.2d 662 [1993] ).
Accordingly, the judgment is modified by vacating so much of the judgment as is against defendant Lou Palumbo and by providing that the action against defendant Lou Palumbo is dismissed.