| Sakie v Amin |
| 2015 NY Slip Op 50230(U) [46 Misc 3d 147(A)] |
| Decided on February 24, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered July 18, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,500 as against defendant Bashirul M. Amin and dismissed defendant Amin's counterclaim.
ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for a new trial, before a different judge, of plaintiff's cause of action against defendant Bashirul M. Amin and of defendant Amin's counterclaim.
In this small claims action to recover unpaid wages, Bashirul M. Amin (defendant) appeals from a judgment which, after a nonjury trial, awarded plaintiff the principal sum of $4,500 against him, and dismissed defendant's counterclaim.
As the record shows that defendant was permitted neither to call his witnesses nor to present proof in support of his counterclaim, as were his rights pursuant to substantive law, the judgment failed to render substantial justice between the parties (see CCA 1804, 1807; 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 to the Civil Court for a new trial, before a different judge, of plaintiff's cause of action against defendant Bashirul M. Amin and of defendant Amin's counterclaim.
Pesce, P.J., Weston and Aliotta, JJ., concur.