Appeal by plaintiff from a small claims judgment of the Justice Court, Town of Cortlandt, Westchester County (G. Klein, J.), entered June 2, 2003, which dismissed his claim.

Judgment unanimously reversed without costs and matter remanded to the court below for a new trial.

Plaintiff appeared pro se in this small claims action and defendant did not appear. The court dismissed the action without taking any testimony. It is error for a court to render a judgment without taking any sworn testimony (see Brown v Burton, NYLJ, Sept. 15, 1987 [App Term, 9th & 10th Jud Dists]; Dattilo v Scherer, NYLJ, Mar. 23, 1983 [App Term, 9th & 10th Jud Dists]; see also 22 NYCRR 214.10 [j]). Consequently, substantial justice was not done according to the rules and principles of substantive law (UJCA 1807).

We note that at the new trial, plaintiff will be required to demonstrate whether a bailment relationship was created between him and the defendant owner of the parking lot, such as would subject defendant owner to liability for damages to plaintiffs motorcycle.
Decision Date: December 22, 2003