| Salon v Jenkins |
| 2008 NY Slip Op 50354(U) [18 Misc 3d 139(A)] |
| Decided on February 26, 2008 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Justice Court of the Town of Eastchester, Westchester
County (James P. Connors, J.), entered September 20, 2006. The judgment, after a nonjury trial,
awarded plaintiff the sum of $410.
Judgment reversed without costs and matter remanded to the court below for a new trial.
In this small claims action to recover damages caused by a water leak, a review of the record on appeal indicates that the lower court awarded judgment without taking any sworn testimony. It was error to do so (see Cucaj v Paramount Fee, L.P., 17 Misc 3d 130[A], 2007 NY Slip Op 51976[U] [App Term, 2d & 11th Jud Dists 2007]; Riverview Indus. v Aigaje, 7 Misc 3d 137[A], 2005 NY Slip Op 50852[U] [App Term, 9th & 10th Jud Dists 2005]; Riley v Sharon's Westbrook Inn, 2 Misc 3d 128[A], 2003 NY Slip Op 51696[U] [App Term, 9th & 10th Jud Dists 2003]).
Accordingly, substantial justice was not done between the parties according to the rules and principles of substantive law (UJCA 1807) and the matter must be remanded to the court below for a new trial.
Rudolph, P.J., McCabe and Scheinkman, JJ., concur.
Decision Date: February 26, 2008