Appeal by defendant from a small claims judgment of the City Court of Yonkers, Westchester County (E. Borrelli, J.), entered November 26, 2003, awarding plaintiff the principal sum of $1,733.66.

Judgment unanimously reversed without costs and action dismissed.

In this small claims action seeking reimbursement for sums paid out of pocket to repair a car upon the alleged breach of an extended warranty contract, substantial justice was not done between the parties according to the rules and principles of substantive law (UCCA 1804, 1807). Although defendant admits to a role as agent for First Automotive Service Corporation (First Automotive) in selling the extended warranty coverage at issue to plaintiff, the identity of First Automotive as the principal and as a party to the contract was disclosed clearly in the contract documents. It is well settled that "[w]here there is a disclosed principal-agent relationship and the contract relates to a matter of the agency, the agent will not be personally bound unless there is clear and explicit evidence of the agent's intention to be personally bound" (Leonard Holtzer Assocs. v Orta, 250 AD2d 737 [1998]). Defendant was not a party to the warranty agreement, and no evidence was introduced that it intended to substitute or add its own liability for any that First Automotive might have to plaintiff.

In light of this disposition, defendant's further contentions as to the construction of the warranty contract need not be reached. However, we note that the present disposition is without prejudice to plaintiff's ability to seek a remedy from the proper party should he be so advised.
Decision Date: April 13, 2005