Opinion
No. 2013–2338 K C.
02-24-2015
Suboktagin M. SAKIE, Respondent, v. Bashirul M. AMIN, Appellant, and 28th Street Management, Inc., Defendant.
Opinion
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 N.Y. 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.