Appeal from a judgment of the Justice Court of the Town of Carmel, Putnam County (James F. Reitz, J.), entered June 8, 2006. The judgment, after a nonjury trial, dismissed plaintiffs' cause of action.

Judgment reversed without costs and matter remanded to the court below for a new trial. Plaintiff commenced the instant small claims action to recover damages resulting from defendant's alleged breach of contract to remodel plaintiffs' bathroom. Upon a review of the record, we are of the opinion that substantial justice (UJCA 1804, 1807) requires that a new trial be had for a fuller development of the facts. The court should consider all relevant evidence, including any itemized bill or invoice by the contractor who completed the work, marked paid, establishing the necessity and reasonable value of the services rendered (UJCA 1804), as well as any other proof of the allegedly defective work done and amounts paid to defendant. We note that, as this is a small claims case, the lower court is not bound by the rules of evidence (id.). Accordingly, the judgment is reversed and the matter remanded for a new trial.
Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.
Decision Date: March 13, 2008