Opinion
2003-274 N C.
Decided November 21, 2003.
Appeal by defendants from a small claims judgment of the District Court, Nassau County (F. Hirsch, J.), entered on July 8, 2002, awarding plaintiff the sum of $542.07 as against said defendants.
Judgment unanimously modified by vacating the award as against defendant DiBlasi and dismissing the action insofar as asserted against him; as so modified, affirmed without costs.
PRESENT: DOYLE, P.J., WINICK and SKELOS, JJ.
In this small claims action, plaintiff, a licensed electrician, sought to recover the amount due for electrical work he had performed for defendants. Inasmuch as the record reflects that plaintiff billed the corporate defendant for work done for the corporation, and dealt with the individual defendant only in his capacity as an officer of the corporate defendant, the court below should have dismissed the action against the individual defendant and awarded judgment to plaintiff solely against the corporate defendant.
Upon further review of the record, we find that the judgment, as modified, rendered substantial justice between the parties according to the rules and principles of substantive law (UDCA 1807).