| D. Harandi Inc. v Shalev |
| 2003 NY Slip Op 51522(U) |
| Decided on December 11, 2003 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court, Bronx County, entered on or about December 3, 2002 after trial (Wilma Guzman, J.) which awarded plaintiff damages in the principal sum of $2,600 on the main action and dismissed defendant's counterclaim.
PER CURIAM:
Judgment entered on or about December 3, 2002 (Wilma Guzman, J.) reversed, without costs, and new trial ordered.
This small claims action and counterclaim arise out of a series of sales transactions involving defendant's purchase of a number of Oriental rugs from plaintiff's store premises. The slender (17-page) trial record does not permit intelligent appellate review of the issues presented by the parties' respective small claims, including those stemming from the ambiguously drawn and inadequately explained "exchange" invoice of August 26, 2002, a document prepared by one "Dina" — the daughter of the plaintiff's principal and the defendant's former friend — a person much referred to but not heard from at trial. Given the unsatisfactory [*2]state of the record, we believe that "substantial justice" (CCA 1807) will best be served by trying this matter anew.
This constitutes the decision and order of the court.