Appeal by defendant from a commercial claims judgment of the Peekskill City Court, Westchester County (W. Maher, J.), entered on May 24, 2004, which awarded plaintiff the principal sum of $996.

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

Plaintiff sued its former employee for failure to repay a loan for legal fees, and for telephone calls and the cost of a uniform. It was error for the court to render a judgment where, as here, the record indicates that the plaintiff's president was not sworn in prior to presenting plaintiff's case (Riley v Sharon's Westbrook Inn, 2 Misc 3d
128[A], 2003 NY Slip Op 51696[U] [App Term, 9th & 10th Jud Dists]). Consequently, substantial justice was not done between the parties according to the rules and principles of substantive law (UCCA 1807-A) and a new trial is required. We note that at the new trial, defendant should be afforded an opportunity to present evidence in support of his counterclaim.
Decision Date: May 31, 2005