Opinion
2002-1472 N C.
Decided November 21, 2003.
Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (R. Marber, J.), entered on April 24, 2002, dismissing the action after an inquest.
Judgment unanimously reversed without costs, claim reinstated and judgment directed to be entered in favor of plaintiff in the sum of $1,000, plus interest from December 26, 2001.
PRESENT: DOYLE, P.J., WINICK and SKELOS, JJ.
In this small claims action, plaintiff sought to recover the sum of $1,000 which represented the amount he loaned to defendant which defendant failed to repay. Inasmuch as plaintiff, at the inquest, made out a prima facie case of liability and damages, substantial justice requires reversal of the judgment dismissing the claim, reinstatement of the claim, and entry of a default judgment in favor of plaintiff in the sum of $1,000 plus interest (UDCA 1807).