ARISTILDE v Parsley (2003 NY Slip Op 51539(U))

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Aristilde v Parsley

2003 NY Slip Op 51539(U)

Decided on November 21, 2003

Appellate Term, Second 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This opinion is uncorrected and will not be published in the Official Reports.

Decided on November 21, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., WINICK and SKELOS, JJ.
NO. 2002-1472 N C

DeLOUIS ARISTILDE, Appellant, -

against

THOMAS PARSLEY, JR., Respondent.

Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (R. Marber, J.), entered on April 24, 2002, dismissing the action after an inquest.

Judgment unanimously reversed without costs, claim reinstated and judgment directed to be entered in favor of plaintiff in the sum of $1,000, plus interest from December 26, 2001.

In this small claims action, plaintiff sought to recover the sum of $1,000 which represented the amount he loaned to defendant which defendant failed to repay. Inasmuch as plaintiff, at the inquest, made out a prima facie case of liability and damages, substantial justice requires reversal of the judgment dismissing the claim, reinstatement of the claim, and entry of a default judgment in favor of plaintiff in the sum of $1,000 plus interest (UDCA 1807).
Decision Date: November 21, 2003