Appeal, on the ground of inadequacy, from a judgment of the Justice Court of the Town of Bedford, Westchester County (Kevin J. Quaranta, J.), entered December 13, 2010. The judgment, insofar as appealed from, after a nonjury trial, awarded plaintiff the principal sum of $1,480 on his cause of action.

ORDERED that the judgment, insofar as appealed from, is reversed, without costs, and the matter is remitted to the Justice Court for a new trial limited to plaintiff's cause of action.

In this small claims action, plaintiff seeks to recover the principal sum of $3,000, representing the cost of jewelry plaintiff provided to defendant. Defendant interposed a counterclaim seeking damages for, among other things, breach of contract. After a nonjury trial, the Justice Court awarded plaintiff the principal sum of $1,480 on his cause of action and dismissed defendant's counterclaim. Plaintiff appeals, on the ground of inadequacy, from so [*2]much of the judgment as awarded him the principal sum of only $1,480.
Upon a review of the record, we find that substantial justice was not done between the parties (see UJCA 1804, 1807) since the Justice Court failed to allow plaintiff to cross-examine defendant, as was his right under substantive law (see Moon v Khazraie, 11 Misc 3d 131[A], 2006 NY Slip Op 50348[U] [App Term, 9th & 10th Jud Dists 2006]; Rizopoulos v Cartelli, 4 Misc 3d 127[A], 2004 NY Slip Op 50619[U] [App Term, 9th & 10th Jud Dists 2004]; see also Diederich v Del Prior, 18 Misc 3d 132[A], 2008 NY Slip Op 50084[U] [App Term, 9th & 10th Jud Dists 2008]). Accordingly, the judgment is reversed and the matter is remitted for a new trial, limited to plaintiff's cause of action.

We note that although plaintiff did not establish that defendant was, in fact, a corporation, contrary to plaintiff's contention, a corporation may appear and defend a small claims action "by any authorized officer, director or employee" (UJCA 1809 [2]).

Nicolai, P.J., LaCava and LaSalle, JJ., concur.
Decision Date: December 21, 2012