Appeal from a judgment of the City Court of Yonkers, Westchester County (Arthur J. Doran III, J.), entered December 20, 2011. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is reversed, without costs, and judgment is directed to be entered in favor of plaintiff in the principal sum of $3,500.

At a nonjury trial in this small claims action to recover the principal sum of $3,500, plaintiff testified that she had purchased a car from defendant, but that defendant had failed to credit her with $3,500 in payments made on her credit card.

The record indicates that the court was shown documentation which indicated the payment of $4,000 "cash on delivery" towards the car. Defendant's witness conceded that plaintiff had made a credit card payment, but asserted that the $4,000 "cash on delivery" reflected plaintiff's $3,500 credit card payment to defendant, as well as her payment to defendant of $500 by check. The witness denied that defendant had received a $4,000 cash payment, and testified that plaintiff had been given credit for all of her payments. Following the trial, the City Court dismissed the action. [*2]

Upon our review of the record, we are of the opinion that plaintiff proved that defendant had failed to credit her with a $3,500 credit card payment, and that the judgment dismissing the action failed to render substantial justice between the parties according to the rules and principles of substantive law (UCCA 1804, 1807).

Accordingly, the judgment is reversed and judgment is directed to be entered in favor of plaintiff in the principal sum of $3,500.

Nicolai, P.J., and Iannacci, J., concur.
Decision Date: September 26, 2013