Appeal from a judgment of the Justice Court of the Village of Sloatsburg, Rockland County (Thomas J. Newman, J.), entered March 22, 2006. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,224.50.

Judgment reversed without costs and action dismissed.

Plaintiff commenced this small claims action against George Medynski, president of M & G Vintage Auto, Inc. (M & G), to recover damages for breach of a warranty issued by M & G on a vehicle she purchased from M & G. It is well settled that officers of a corporation are not personally liable on the corporation's contracts if they do not purport to bind themselves individually (see e.g. McDonagh Real Estate & Dev. v Kwilecki, 158 AD2d 372 [1990]; Rebatta v Allyn, 2 Misc 3d 132[A], 2004 NY Slip Op 50117[U] [App Term, 9th & 10th Jud Dists 2004]). The record is devoid of any evidence that defendant George Medynski incurred individual liability in the sale of the vehicle and the issuance of the warranty to plaintiff. Consequently, we find that the court below erred in finding the individual defendant liable. Substantial justice, therefore, has not been done between the parties according to the rules and principles of substantive law (see UJCA 1807; Moses v Randolph, 236 AD2d 706, 707 [1997]; see also Ross v Friedman, 269 AD2d 584 [2000]). Accordingly, the judgment is reversed and the action dismissed.

Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.
Decision Date: November 07, 2008