Appeal from a judgment of the City Court of Yonkers, Westchester County (Michael A. Martinelli, J.), entered October 4, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $650.

Judgment reversed without costs and action dismissed.

In this commercial claims action seeking to recover for services rendered by plaintiff in appraising the value of defendant's home, it is our view that substantial justice was not done between the parties in accordance with the rules and principles of substantive law (see UCCA 1807-A). After a bench trial, the City Court found that there was no dispute that the appraisal at issue was prepared at defendant's request. This finding of fact is directly contradicted by all of the testimony heard, including the testimony of plaintiff's president, who stated that the appraisal was prepared at the request of a nonparty mortgage company, and that the appraisal was sent to said nonparty and not to defendant. Upon a review of the file, we find that there was no agreement between plaintiff and defendant and, furthermore, that plaintiff failed to demonstrate defendant's liability by establishing the existence of an agency relationship between defendant and the nonparty mortgage company. We note that a document submitted by defendant entitled "Good Faith Estimate," which was prepared and given to her by the mortgage company, indicates that defendant was not to be charged an appraisal fee. Accordingly, the judgment is reversed and the action dismissed.

Rudolph, P.J., McCabe and Scheinkman, JJ., concur. [*2]
Decision Date: October 09, 2008