Appeal by defendant from a commercial claims judgment of the District Court, Nassau County (J. Spinola, J.), entered June 25, 2003, in favor of plaintiff in the principal sum of $1,375.

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

Plaintiff commenced this commercial claims action to recover certain amounts due for interior design work performed for defendant. Defendant was apparently not satisfied with some of plaintiff's work, and alleged that she had to pay others to have the work properly done. Although the court, in awarding judgment to plaintiff, stated that defendant failed to provide sufficient evidence to substantiate various portions of her counterclaim, it stated that it reduced plaintiff's award by those portions of defendant's counterclaim which were substantiated. There is no indication, however, that defendant ever interposed a counterclaim in this case, and it is unclear how the court below determined the amount that defendant was entitled to as an offset to plaintiff's award. Accordingly, the matter must be remanded to the court below for a new trial, in order that substantial justice be done between the parties in accordance with the rules and principles of substantive law (see UDCA 1807-A).
Decision Date: September 29, 2004