| Simmons v Stolin |
| 2014 NY Slip Op 51319(U) [44 Misc 3d 142(A)] |
| Decided on August 20, 2014 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered December 13, 2012. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $240.
ORDERED that the judgment is reversed, without costs, and the action is dismissed.
In this small claims action, plaintiff seeks to recover the sum of $250 for water damage to his car. The damage occurred while the car was parked in the garage of Kingsview Homes, Inc., a residential cooperative with which plaintiff had entered into a parking agreement to park his car in a designated parking spot. After a nonjury trial, the Civil Court awarded plaintiff the principal sum of $240.
Upon a review of the record, we find that defendants cannot be held liable for plaintiff's alleged damages. Defendants Edwina Glasco, the president of the co-op's board, and Miriam Stolin, the managing agent of the co-op, were acting on behalf of a disclosed principal, and thus, are not personally liable for any alleged breach of contract committed by their principal (see Weinreb v Stinchfield, 19 AD3d 482 [2005]). Furthermore, the record does not establish that defendants had committed any tortious acts. Since plaintiff failed to allege a basis upon which to hold defendants personally liable, the action should have been dismissed (see Ruti v Knapp, 193 AD2d 662, 663 [1993]). Consequently, the judgment failed to provide the parties with substantial justice according to the rules and principles of substantive law (see CCA 1804, 1807; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]).
Accordingly, the judgment is reversed and the action is dismissed.
Pesce, P.J., Aliotta and Solomon, JJ., concur.