Appeal from a judgment of the Civil Court of the City of New York, Queens County (Leslie J. Purificacion, J.), entered July 12, 2007. The judgment, after a nonjury trial, dismissed the action.

Judgment reversed without costs and judgment directed to be entered in favor of plaintiff in the principal sum of $1,106.15, plus interest from February 17, 2005.

In this small claims action to recover the principal sum of $2,000 for damages resulting from defendant's release of funds, in violation of a restraining order, held in the bank account which plaintiff maintained with defendant, we find that substantial justice was not done between the parties in accordance with the rules and principles of substantive law (see CCA 1807). In our view, plaintiff is entitled to recover the funds released by defendant from his bank account on February 17, 2005, since the record establishes that defendant was enjoined from releasing said funds pursuant to an order of the Supreme Court (Sidney F. Strauss, J.) dated January 14, 2005. Accordingly, the judgment dismissing the action is reversed and plaintiff is awarded judgment in the principal sum of $1,106.15.

We note that plaintiff is not entitled to an award for attorney's fees absent contractual or statutory authority therefor. Moreover, plaintiff failed to establish his claim for mental anguish.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: March 17, 2009