Appeal from a judgment of the District Court of Nassau County, First District (Sharon M.J. Gianelli, J.), entered September 11, 2006. The judgment, insofar as appealed from, after a nonjury trial, dismissed plaintiff's cause of action.

Judgment, insofar as appealed from, reversed without costs and judgment directed to be entered in favor of plaintiff in the principal sum of $1,050.

In this small claims action to recover the sum of $1,170 for sound system services rendered to defendants for a gospel concert and for various returned-check fees, plaintiff's claim was amended at trial to the sum of $1,050. It was undisputed that defendants' $500 deposit check, issued to plaintiff before the concert, was dishonored for insufficient funds and that defendants ultimately paid plaintiff only $215. After trial, the court dismissed plaintiff's claim as well as the counterclaim filed by defendants. Plaintiff appeals from the judgment insofar as it dismissed his claim.

Upon a review of the record, it is evident that the judgment dismissing the claim did not render substantial justice between the parties in accordance with the rules and principles of substantive law (see UDCA 1804, 1807). Rather the evidence at trial supported plaintiff's contention that he provided the bargained-for services under the contract, and that defendants breached said contract by tendering a check which was dishonored and failing to reissue it. Accordingly, the judgment is reversed and judgment is directed to be entered in favor of plaintiff in the principal sum of $1,050.
McCabe, J.P., Tanenbaum and Molia, JJ., concur. [*2]
Decision Date: March 12, 2008