Appeal from a judgment of the Justice Court of the Village of Ossining, Westchester County (Andrew N. Grass, Jr., J.), entered on October 20, 2004. The judgment, after a nonjury trial, dismissed plaintiff's cause of action and awarded defendant $1,800 on its counterclaim.

Judgment unanimously reversed without costs, plaintiff's cause of action reinstated and a new trial ordered.

In this small claims action, it cannot be determined whether substantial justice was done between the parties according to the rules and principles of substantive law (cf. UJCA 1804, 1807). With respect to the dismissal of plaintiff's cause of action, the record is inadequate to determine the merits of plaintiff's claim that the wall constructed by defendant was defective or failed to conform to the Town of Cortlandt Building Code. We note that the court may take judicial notice of said code. Similarly with regard to the counterclaim, the return is inadequate to determine the merits of defendant's claim that it performed additional work for plaintiff for which it was not compensated. Accordingly, a new trial is necessary for further development of the facts as to both the plaintiff's claim and defendant's counterclaim. We further note that at said new trial, plaintiff may establish his damages through expert testimony or, in accordance with section 1804 of the Uniform Justice Court Act, he may present an itemized bill or invoice, receipted or marked paid, or two itemized estimates.
Decision Date: March 9, 2006