| Malcolm v Rockland Toyota |
| 2015 NY Slip Op 50085(U) [46 Misc 3d 139(A)] |
| Decided on January 15, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Justice Court of the Town of Orangetown, Rockland County (Patrick J. Loftus, J.), entered April 28, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,162.08.
ORDERED that the judgment is reversed, without costs, and the action is dismissed without prejudice to renewal in an appropriate forum.
Plaintiff commenced this action in the Small Claims Part of the Justice Court seeking, in essence, reformation of a retail installment contract for the purchase of an automobile based upon mistake and/or fraud, and, upon such reformation, an award of damages. As recovery upon plaintiff's cause of action requires a grant of affirmative equitable relief, the action cannot be maintained in the Justice Court, which lacks jurisdiction to grant such relief (see UJCA art 2; Mormon v Acura of Valley Stream, 190 Misc 2d 697 [App Term, 9th & 10th Jud Dists 2001]).
Accordingly, the judgment is reversed and the action is dismissed without prejudice to renewal in an appropriate forum.
Tolbert, J.P., Iannacci and Garguilo, JJ., concur.