Appeal from a judgment of the Civil Court of the City of New York, Queens County (Joseph Esposito, J.), dated November 21, 2006. The judgment, after a nonjury trial, dismissed the action.

Judgment reversed without costs, action reinstated and new trial ordered.
In this small claims action, plaintiff seeks to recover for damage resulting when his parked car was struck by defendant's car. It was defendant's position at trial that a third vehicle struck her vehicle in the rear and pushed her vehicle into plaintiff's vehicle, and that the driver of the third vehicle then drove off. However, there was testimony adduced at trial that there was no damage sustained to the rear of defendant's vehicle. After trial, the court dismissed the action.
In our view, the judgment in favor of defendant failed to provide the parties with substantial justice according to the rules and principles of substantive law (CCA 1804, 1807; see Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). Accordingly, the judgment is reversed, the action reinstated and a new trial ordered for a further development of the facts.
Golia, J.P., Pesce and Rios, JJ., concur.
Decision Date: April 03, 2008