Opinion
2007-964 RI C.
Decided July 8, 2008.
Appeal from an order of the Civil Court of the City of New York, Richmond County (Philip S. Straniere, J.), entered March 13, 2007. The order granted defendant's motion to dismiss the action pursuant to CPLR 3211.
Order reversed without costs, motion by defendant to dismiss the action denied and plaintiff's claim reinstated.
PRESENT: GOLIA, J.P., RIOS and STEINHARDT, JJ.
In this small claims action, plaintiff seeks to recover damages resulting from defendant's alleged veterinary malpractice. The lower court dismissed plaintiff's claim pursuant to CPLR 3211 on the ground that plaintiff lacked standing to sue as it found that she was not the owner of a cat named Cleo. However, a review of the record on appeal indicates that an issue of fact exists with regard thereto. In any event, plaintiff is seeking to recover for damages sustained to animals other than Cleo. In view of the foregoing, it cannot be said that in this small claims action substantial justice was done between the parties according to the rules and principles of substantive law (CCA 1807). Consequently, the order appealed from is reversed, defendant's motion to dismiss denied and the matter remanded to the court below for trial.
Golia, J.P., Rios and Steinhardt, JJ., concur.