Opinion
2007-701 W C.
Decided on July 2, 2008.
PRESENT: RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.
Appeal from a judgment of the Justice Court of the Town of Pelham, Westchester County (Anthony Pasquantonio, J.), entered October 9, 2006. The judgment, after a nonjury trial, awarded plaintiffs the principal sum of $1,000.
Judgment reversed without costs and matter remanded to the court below for a new trial limited to the issue of damages.
Plaintiffs commenced this small claims action to recover damages for overpayment of hot water and electricity bills resulting from shared metering. Although defendants admitted liability, the record does not support the trial court's award of damages in the sum of $1,000. The court's decision sheds no light as to the basis for its finding that defendants were liable for the sum of $1,000. Consequently, the trial court failed to provide the parties with substantial justice according to the rules and principles of substantive law (UJCA 1804, 1807; see Williams v Roper, 269 AD2d 125; Ross v Friedman, 269 AD2d 584). Accordingly, the matter is remanded for a new trial to ascertain the proper amount of damages resulting from the shared metering condition, which condition defendants admitted existed. We note that a small claims court is not bound by the rules of evidence (UJCA 1804). While it is not error to admit hearsay evidence in a small claims action, a small claims judgment cannot be based entirely on hearsay evidence ( see Levins v Bucholtz, 2 AD2d 351; see also Zelnik v Bidermann Indus. U.S.A., 242 AD2d 227; Herstand Co. v Gallery: Gertrude Stein, Inc., 211 AD2d 77, 83).
Rudolph, P.J., McCabe and Scheinkman, JJ., concur.